Live-in domestic service workers who reside in the employer’s home and are employed solely by an individual, family, or household are exempt from overtime pay, although they must be paid at least the federal minimum wage for all hours worked. Live-in domestic workers who are employed by a third party must be paid at least the federal minimum wage and overtime pay for all hours worked. Only the third party is responsible for compliance with the FLSA’s overtime requirement; if an individual consumer, family, or household may properly claim the live-in domestic service employee exemption, that person will not be liable for overtime pay obligations, regardless of any involvement of a third party.
October 2018
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