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 Kentucky, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $7.25 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. Kentucky's own law does not, so if the federal rule is undone, agencies here may no longer owe overtime to companionship and live-in caregivers.
| Minimum wage | $7.25 an hour |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
| Seventh day | 1.5x for hours worked on the seventh day when an employee works all seven days of the workweek; does not apply if the employee is not permitted to work over 40 hours in the week. |
No. Kentucky expressly exempts from state overtime "any individual who is employed by a third-party employer or agency other than the family or household" to provide in-home companionship services for a sick, convalescing or elderly person (KRS 337.285(2)(e)). For those caregivers only the federal rule requires overtime.
KRS 337.285(2)(e) exempts agency-employed in-home companions from state overtime. The state definition of companionship services excludes work that requires and is performed by trained personnel such as nurses, and caps general household work at 20% of weekly hours (KRS 337.285(3)).
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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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