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Can a third party employer enter into an agreement with a live-in domestic service employee that excludes sleep time and other off-duty time?

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Yes, provided the requirements for excluding such time are met. Although third party employers may not claim the live-in domestic service employee exemption from the FLSA’s overtime requirement, the other special rules for live-in employees, such as the ability to enter a reasonable agreement setting out what time is hours worked and what is excluded from hours worked, such as sleep time, still apply.


October 2018

Tags: Sleep Time Requirements

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