We will need to know if any of the caregivers qualify for overtime and whether or not you would like to pay your caregivers overtime. Please note that the Fair Labor Standards Act (FLSA) rules for mandated overtime pay does NOT apply to Privately Paid In-Home Companions. The qualifications for your caregiver being designated as a companion and the “companionship services exemption”, please see below.
The companionship services exemption is narrow. You may use it only if:
Your home care worker spends no more than 20% of his or her total working time in a workweek assisting with personal care, such as bathing, dressing, toileting, grooming, cooking, cleaning, etc.;
The worker does not perform any medically related tasks, which are tasks that are usually done by a nurse or certified nursing assistant, such as tube feeding or catheter care; or
The worker does not perform any general household work that is mostly for members of the household other than the consumer, such as doing laundry or cooking meals for the entire household.
The above is taken directly from the Department of Labor website at -