Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
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In District of Columbia, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $18.40 an hour. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Whether District of Columbia's own law requires it is unclear.
| Minimum wage | $18.40 an hour |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Rose from $17.95 to $18.40 on 2026-07-01 for all employers regardless of size; adjusted each July 1 by CPI.
Unclear. The D.C. statute requires 1.5 times the regular rate after 40 hours and lists no companion or home care exemption (D.C. Code 32-1003, 32-1004). But a D.C. regulation exempts anyone "employed as a companion for the aged or infirm" from D.C. overtime, without limiting it to household employers (7 DCMR 902.5), and the Attorney General still lists it. If the federal exemption returns, agency companions may have no D.C. overtime right; no court has decided whether the regulation can override the statute.
The D.C. Minimum Wage Act covers home care workers for minimum wage, and its statutory exceptions (D.C. Code 32-1004) list no companion or home care exemption from overtime. A regulation, 7 DCMR 902.5, exempts live-in private household workers and companions for the aged or infirm from D.C. overtime (not minimum wage); a companion is someone who spends no more than 20% of their time on unrelated household work (7 DCMR 999.2).
D.C. follows the federal hours-worked rules (D.C. Code 32-1002): on duty of 24 hours or more, up to 8 hours of sleep can be excluded by agreement if adequate sleeping facilities are provided, and if the worker gets less than 5 hours of sleep the whole period is paid.
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Compliance
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
Compliance
Yes. Since January 1, 2015, agencies cannot use the companionship or live-in exemptions, so every caregiver gets time-and-a-half after 40 hours. Who is covered, what counts, and the 2025 proposal to change it.
Compliance
California, Alaska, Nevada and Colorado require overtime after a set number of hours in a day. What each rule says, with sources, and what it does to 10-, 12- and 24-hour shifts.
Compliance
Hours for every client you assign a caregiver add up in one workweek. Over 40 is overtime at a weighted-average rate. How to calculate it and when a private family's hours count.
Compliance
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.
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