Massachusetts overtime rules for home care workers

In Massachusetts, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $15.00 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. Massachusetts's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.

What are Massachusetts's overtime and minimum wage rules?

Does Massachusetts law require overtime for agency caregivers?

Yes. Massachusetts requires time-and-a-half after 40 hours (M.G.L. c. 151, s. 1A), and none of its exemptions covers domestic, companionship or home care work. A state opinion letter says a live-in home health aide is owed state overtime regardless of the federal exemptions.

Does Massachusetts have special rules for home care workers?

Under the Domestic Workers Bill of Rights (M.G.L. c. 149, s. 190), domestic workers, including those caring for sick, convalescing and elderly people in the home, who work 40 or more hours a week get at least 24 consecutive hours of rest each week and 48 consecutive hours each month; work on a rest day must be agreed in writing and paid at the overtime rate. MassHealth personal care attendants are excluded, and the definition of employer excludes staffing, employment and placement agencies licensed or registered under chapter 140.

Can sleep time be unpaid on 24-hour shifts in Massachusetts?

For shifts of 24 hours or more, employer and worker may agree in writing before the work is done to exclude meal periods and a regularly scheduled sleep period of up to 8 hours, if adequate sleeping quarters are provided and the worker can sleep uninterrupted; without a prior written agreement, sleep and meal time are paid. On shifts under 24 hours, all of it is working time (454 CMR 27.04).