Household employers are not responsible for paying overtime or special rates on holidays, unless working on these days causes the caregiver (employee) to work over 40 hours in a workweek.
The U.S. Department of Labor defines the workweek as “a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day.”
We recommend that families negotiate their compensation rates with their caregivers. If the caregiver is taking the day off during a holiday employers are not required to pay for that day.
You should also be aware that in some states, like California, overtime is determined on a per day basis rather than a workweek total.
Our partners at Homework Solutions are prepared to help answer your specific questions when you enroll in their free tax management service.
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