Live-In Caregiver Pay: Sleep Time, Meal Breaks and the 24-Hour Rule
When an agency can exclude sleep and meal time from a live-in or 24-hour shift, what the written agreement must say, and what happens when sleep is interrupted.
By Caregiver Scheduling Team ·
An agency can exclude up to 8 hours of sleep and bona fide meal breaks from a caregiver’s paid hours only on shifts of 24 hours or more, only with a written agreement, and only if the caregiver actually gets to sleep. If sleep is interrupted for care, the interruption is paid. If the caregiver doesn’t get at least 5 hours of sleep, the whole sleep period is paid (29 CFR 785.22). On shifts under 24 hours, all time on duty is paid, even if the caregiver is allowed to sleep.
Is the caregiver “live-in” or on a 24-hour shift?
The two have different rules.
| Topic | 24-hour shift | Live-in domestic service |
|---|---|---|
| Definition | On duty 24 hours or more, then leaves | Lives on the premises permanently or for extended periods, which DOL treats as 5 days a week (120+ hours) or 5 consecutive 24-hour days |
| Rule | 29 CFR 785.22 | 29 CFR 552.102 |
| Sleep excluded | Up to 8 hours, if agreed | Sleep, meal and free time, under a reasonable agreement |
| Overtime for agency employees | Yes, after 40 hours | Yes, after 40 hours. The live-in overtime exemption isn’t available to third-party employers |
| Records | Hours worked | Actual hours worked, not just the agreement (29 CFR 552.110) |
On July 2, 2025, the Department of Labor proposed returning to the 1975 rules, which would let agencies claim the exemptions again (Federal Register). As of November 2026 no final rule has been published, so the 2015 rule still applies. DOL told its investigators in July 2025 to stop enforcing it (Field Assistance Bulletin 2025-4), but caregivers can still sue privately and many states require overtime under their own laws.
When can sleep time be excluded on a 24-hour shift?
All of these must be true:
- The shift is 24 hours or longer.
- There’s an express or implied agreement, ideally written and signed, that excludes a regularly scheduled sleep period of no more than 8 hours.
- The client’s home has adequate sleeping facilities for the caregiver: a bed in a private space, not a recliner in the client’s room.
- The caregiver can usually get an uninterrupted night’s sleep.
When the caregiver gets up to help the client, that time is hours worked. If interruptions mean they get less than 5 hours of sleep that night, the whole 8-hour sleep period becomes paid.
What does a 24-hour shift cost if sleep is excluded?
| Topic | Sleep excluded | Sleep not excluded |
|---|---|---|
| Hours on duty | 24 | 24 |
| Sleep period | 8 hours excluded | 0 |
| Meal breaks (3 × 1 hour, fully relieved) | 3 excluded | 0 |
| Paid hours | 13 | 24 |
Agencies that use sleep exclusions often staff 24/7 clients with two caregivers on alternating multi-day stays so each caregiver stays near 40 paid hours.
State rules that change the math
States can be stricter than the FLSA. New York’s “13-hour rule” for 24-hour home care shifts pays 13 hours when the aide gets 8 hours of sleep (5 uninterrupted) and 3 hours of meal breaks, and the state’s highest court upheld it in 2019. California and several other states have their own rules for domestic workers and personal attendants. Check your state before signing a live-in agreement.
What the written agreement should say
- The scheduled sleep period (for example 11 p.m. to 7 a.m.) and meal periods.
- That interruptions will be recorded and paid, and that a night with less than 5 hours of sleep is paid in full.
- The sleeping space provided.
- How the caregiver reports interruptions, for example a note in the visit log each morning.
- The pay rate for paid hours and how overtime is calculated.
Keep the agreement on file and keep records of actual interruptions. An agreement without records won’t hold up in an audit.
How Caregiver Scheduling handles this
Caregivers check in and out with GPS verification, and visit notes record what happened overnight. Timesheets that calculate weekly overtime and split a Saturday-night shift across two workweeks are coming soon. Recurring schedules make it simple to set up two-caregiver rotations for 24/7 clients. $199/month for up to 10 caregivers or $299/month for up to 50.
FAQ
Do live-in caregivers get overtime? Yes, if they are employed by an agency. The live-in exemption is only available to the household that employs the caregiver directly.
Can I exclude sleep time on a 12-hour overnight shift? No. Under federal rules, sleep can only be excluded on shifts of 24 hours or more.
What if the client wakes the caregiver every night? Each interruption is paid. If the caregiver can’t get 5 hours of sleep, the whole sleep period is paid. If that happens most nights, the case needs awake overnight staffing.
This article is general information, not legal advice.