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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