Am I entitled to federal minimum wage and overtime pay?

Effective January 1, 2015, the minimum wage and overtime pay protections of the Fair Labor Standards Act are extended to most direct care workers.

The Department of Labor has created this checklist to help you determine whether or not you are required to receive 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.


Are you employed by anyone other than the person you assist or that person's family or household (for instance, a home care agency or other entity)?

Do you 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?

Do you 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.

Do you spend more than 20% of your 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)?