As with all workers covered by the FLSA, employers must maintain an accurate record of hours worked by live-in domestic service workers. Employers and live-in domestic service workers may create an agreement regarding time to be excluded from hours worked, including bona fide meal periods, sleep periods, and other off-duty time. If there is significant deviation from such an agreement, the employer and live-in domestic service worker should reach a new agreement reflecting the actual schedule. Regardless of whether an agreement exists, the employer is required to keep records showing, among other things, the exact number of hours worked by the live-in domestic service worker. While the employer is ultimately responsible for complying with the recordkeeping requirements, an employer may assign a live-in domestic employee the tasks of recording his or her hours worked and submitting those records to the employer. See Fact Sheet #79B: Live-In Domestic Service Workers under the Fair Labor Standards Act (FLSA) for more information.
October 2018
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