Other Employment

Other domestic-service roles may still be entitled to minimum wage and overtime depending on whether the worker is treated as an employee or independent contractor.

Companionship Services

If you provide fellowship, protection, and care for an elderly person or person with an illness, injury, or disability who requires assistance caring for themselves.

If you spend 20% or more of your workweek providing care — entitled to minimum wage and overtime.

Also covered if:

  • Work primarily benefits other household members
  • Services require training typically done by medical personnel
  • Employed by a third-party employer or agency

Less than 20% of workweek?

"Companionship services exemption" applies — not entitled to minimum wage or overtime.

Personal Assistant

Majority of the time considered an employee, not independent contractor. If domestic service employee — entitled to minimum wage and overtime.

  • "On call" time so restricted you can't use it freely → compensable
  • "On call" but free to come and go → not compensable
Au Pair

Must be paid per FLSA as implemented by USDL.

  • Max 10 hours childcare per day
  • Max 45 hours childcare per week
  • Minimum 1.5 days off per week
  • One complete weekend off per month
  • 2 weeks paid vacation
Chauffeur

If working as an employee — entitled to minimum wage and overtime. Paid for all work-related driving. If required to be home and ready to drive — that is "on duty" and must be paid.

Independent contractors often have fixed periods and transfer between employers. Domestic service employees usually work for one employer continuously.

Cook

If working as a domestic worker, cooks are entitled to minimum wage and overtime compensation.

Landscaper

If working as an employee rather than an independent contractor — entitled to minimum wage and overtime.

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Need an attorney?

Need help understanding how another domestic-service role is classified?

Contact Pechman Law Group for a confidential consultation.