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.
Minnesota overtime rules for home care workers
Last verified October 28, 2026 · All Minnesota resources
In Minnesota, overtime is time-and-a-half after 40 hours in a workweek under federal law (48 under state law alone). The state minimum wage is $11.41 an hour, rising to $11.87 on January 1, 2027. 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. Minnesota's own law also requires overtime for agency caregivers, with limits explained below.
What are Minnesota's overtime and minimum wage rules?
| Minimum wage | $11.41 an hour, rising to $11.87 on January 1, 2027 |
|---|---|
| Weekly overtime | After 40 hours under federal law; after 48 under state law |
| Daily overtime | None |
Adjusted annually by formula.
Does Minnesota law require overtime for agency caregivers?
Yes, after 48 hours. Minnesota's wage law has no companionship, domestic service or home care exclusion (Minn. Stat. 177.23), so agency caregivers are owed state overtime, but only after 48 hours a week (Minn. Stat. 177.25).
Can sleep time be unpaid on 24-hour shifts in Minnesota?
For companionship workers who stay overnight in the home of an aged or infirm person and are paid at least minimum wage for at least 4 hours tied to the overnight stay, up to 8 nighttime hours (10 p.m. to 9 a.m.) when the worker is free to sleep and not performing duties are not counted for state minimum wage and overtime (Minn. Stat. 177.23, subd. 11).
Calculate a week of overtime in Minnesota
Preset with Minnesota's daily overtime rule. Enter each day's hours across all clients.
Checking the whole roster? Open Overtime watch for Minnesota →
Sources
More for Minnesota
Overtime rules by state: other states
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