(a) Domestic service employees who reside in the household where they are employed are entitled to the same minimum wage as domestic service employees who work by the day. However, section 13(b)(21) provides an exemption from the Act's overtime requirements for domestic service employees who reside in the household where employed. But this exemption does not excuse the employer from paying the live-in worker at the applicable minimum wage rate for all hours worked. In determining the number of hours worked by a live-in worker, the employee and the employer may exclude, by agreement between themselves, the amount of sleeping time, meal time and other periods of complete freedom from all duties when the employee may either leave the premises or stay on the premises for purely personal pursuits. For periods of free time (other than those relating to meals and sleeping) to be excluded from hours worked, the periods must be of sufficient duration to enable the employee to make effective use of the time. If the sleeping time, meal periods or other periods of free time are interrupted by a call to duty, the interruption must be counted as hours worked. See regulations part 785, § 785.23.
(b) If it is found by the parties that there is a significant deviation from the initial agreement, the parties should reach a new agreement that reflects the actual facts of the hours worked by the employee.
[40 FR 7405, Feb. 20, 1975, as amended at 78 FR 60557, Oct. 1, 2013]
Notes of Decisions
Cited in
15
cases (
6 in the last 5 years), 1986–2026 · leading case:
Kiwanuka v. Bakilana, 844 F. Supp. 2d 107 (D.C. Cir. 2012).
Kiwanuka v. Bakilana, 844 F. Supp. 2d 107 (D.C. Cir. 2012).
“” 29 C.F.R. § 552.102 (a). In calculating the restitution payment ordered in Ms.”
Marcie Redgrave v. Doug Ducey, 953 F.3d 1123 (9th Cir. 2020).
“DUCEY forty hours); 29 C.F.R. § 552.102 (a) (defining hours worked for a “live-in worker”).”
Sydney A. TerMorshuizen v. Spurwink Servs., Inc., 2019 ME 77 (Me. 2019).
“, 29 C.F.R. §§ 552.102 (a), 785.22(b) (2018) (requiring overtime compensation for live-in domestic service employees and employees who are on duty for 24 hours or more).”
Thompson v. Blessed Home Inc., 22 F. Supp. 3d 542 (E.D.N.C. 2014).
“Section 213(b)(21) exempts from the FLSA overtime provisions “any employee who is employed in domestic service in a household who resides in such household.”
McCune v. Oregon Senior Servs. Div., 643 F. Supp. 1444 (D. Or. 1986).
“29 CFR § 552.102 . The written agreement between each plaintiff and SSD and the SSD invoices provide for a maximum number of authorized hours.”
Barraza v. Pardo, 985 F. Supp. 2d 1369 (S.D. Fla. 2013).
“110(b), “In the case of an employee who resides on the premises, records of the actual hours worked are not required.”
Sydney A. TerMorshuizen v. Spurwink Servs., Inc., 2019 ME 77 (Me. 2019).
“, 29 C.F.R. §§ 552.102 (a), 785.22(b) (2018) (requiring overtime compensation for live-in domestic service employees and employees who are on duty for 24 hours or more).”
Mmolawa v. Diligent Enter., Inc. (D. Conn. 2020).
“Joint DSS and CT DOL Guidance, 03/31/2016) at 3](citing 29 CFR 552.102). As to the meal and lodging credits, the definition of “wage” under the FLSA “includes the reasonable cost .”
Maphutha v. Diligent Enter., Inc. (D. Conn. 2021).
“Joint DSS and CT DOL Guidance, 03/31/2016)](citing 29 CFR 552.102). 3 The U.S. Department of Labor’s rule covers both employer-credits for food and lodging and deductions for sleeping time and meal breaks.”
Aboah v. Fairfield Healthcare Servs., Inc. (D. Conn. 2023).
“See 29 C.F.R. § 552.102 (a). Nonetheless, the Court finds that Plaintiffs have not made a modest factual showing that there are other similarly situated plaintiffs 3 Plaintiffs have also alleged that, because Defendants have not provided records for the value of food and…”
— 29 C.F.R. § 552.102(b) — 1 case
Barraza v. Pardo, 985 F. Supp. 2d 1369 (S.D. Fla. 2013).
“110(b), “In the case of an employee who resides on the premises, records of the actual hours worked are not required.”
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