Am I required to pay my direct care worker minimum wage and overtime?

If you are an individual or a family with a direct care worker (such as a home health aide, personal care aide, or similar occupation) working in your home, you may not only be the worker's client. You may also be considered the worker's employer and, therefore, may need to comply with federal minimum wage and overtime pay requirements effective January 1, 2015.

The Department of Labor has created this checklist to help you determine if you are required to pay your direct care worker at least the federal minimum wage and overtime pay. Read each question in order, click yes or no, and get a response that is specific to your situation.

Is the worker employed by anyone other than the person being assisted or that person's family or household (for instance, by a home care agency or other entity)?

Does the worker provide domestic services that are primarily on behalf of other members of the household, such as doing laundry for another family member or preparing meals for someone other than the person being assisted?

Does the worker provide medically related services that typically require and are performed by trained medical personnel? These are services that may be invasive, sterile, or otherwise require exercising medical judgment, such as assisting with tube feeding or catheter care.

Does the worker spend more than 20% of his or her time in a workweek assisting with activities of daily living (ADLs) (such as dressing, grooming, feeding, bathing, toileting, and transferring) or instrumental activities of daily living (IADLs) (such as meal preparation, driving, light housework, managing finances, assisting with the physical taking of medications, and arranging medical care)?