Thought for the Day” #1194– by Stephen R. Elville, J.D., LL.M.

January 10, 2019

The rules for live-in caregivers are slightly different than those for companionship-type services provided by home health care workers. If you hire a live-in caregiver directly, you must pay the caregiver minimum wage, but you are not required to pay overtime. Third-party employers (such as health care agencies) that hire live-in workers are required to pay overtime. Under the FLSA (Fair Labor Standards Act), to be a “live-in” home care worker, the worker must either live at the client’s home full-time or spend at least 120 hours or five consecutive days or nights in the client’s home per week. Caregivers who live with clients are not necessarily working the entire time they are at the house, and employers do not need to pay for sleep time, mealtime, or other off-duty time. #elvilleeducation