In 1974, Congress extended the requirement of overtime compensation to employees who work in private homes, or domestic service employees. Included in this protection were workers employed in jobs such as cooks, housekeepers and nannies. However, workers hired to provide “companionship services’ to elderly or disabled persons in a private home were specifically excluded and ineligible for overtime compensation.
In January of 2015, the Department of Labor changed its position allowing some of these individuals to receive overtime compensation. Now, workers hired by companies to provide “companionship services” are generally eligible to receive overtime compensation. Workers hired by individuals or their families remain exempt from overtime unless they perform household services, such as cleaning and cooking, for more than twenty percent (20%) of their time spent at work.
If you work in a private home, you may now be eligible to receive overtime compensation. If you work more than forty (40) hours per week in a private home, you should contact an attorney to determine whether you qualify for the payment of overtime compensation.