household employers
Do Nannies and Caregivers Get Overtime?
Overtime rules for nannies, babysitters and home care aides: live-out vs live-in under federal law, states with domestic worker bills of rights, and how families track hours.
Yes, in most cases. Under federal law, live-out domestic workers — nannies, housekeepers and home care aides who don't live in the employer's home — must be paid at least minimum wage and 1.5× for hours over 40 in a workweek.
Live-in workers
Federally, live-in domestic workers employed by the household are exempt from overtime (but not from minimum wage). Several states remove that exemption or set their own rules through domestic worker bills of rights — including California and New York — so check your state.
Home care aides through an agency
Since 2015, third-party employers such as home care agencies must pay overtime to home care workers; the companionship exemption only applies to the family itself.
Tracking hours as a family
Families who pay a nanny or an aide — including through Medicaid self-directed programs or long-term care insurance — need accurate weekly records: start, end, breaks and overtime. A shared time card avoids disputes at payday.
Quick answers
Do live-in nannies get overtime?
Not under federal law, but some states, including California and New York, require overtime or other protections for live-in domestic workers.
Do babysitters get overtime?
Occasional babysitters are generally exempt from federal minimum wage and overtime; regular nannies are not.