U.S. Department of Labor
Fact Sheet #79B: Live-in Domestic Service Workers Under the Fair Labor Standards Act (FLSA)
Federal guidance on live-in domestic workers under the FLSA.
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.
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:
Less than 20% of workweek?
"Companionship services exemption" applies — not entitled to minimum wage or overtime.
Majority of the time considered an employee, not independent contractor. If domestic service employee — entitled to minimum wage and overtime.
Must be paid per FLSA as implemented by USDL.
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.
If working as a domestic worker, cooks are entitled to minimum wage and overtime compensation.
If working as an employee rather than an independent contractor — entitled to minimum wage and overtime.
Related resources
U.S. Department of Labor
Federal guidance on live-in domestic workers under the FLSA.
New York State Department of Labor
New York State guidance on domestic workers' rights.
Pechman Law Group
Pechman Law Group article about live-in housekeeper overtime rights.
National Domestic Employers Association
Overview of NYC and NYS laws for employers of domestic workers.
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