Many households employ domestic workers to assist with childcare, caring for elderly family members, cooking, cleaning, running errands, or performing other services in the home. These workers typically do not work standard hours — and their job duties often require them to exceed 40 hours in a work week. If you’re employed in this field, you might be wondering, “are domestic workers entitled to overtime pay?” The answer depends upon whether you are a live-in domestic worker or reside outside the household that employs you.

What is Overtime Pay in Ohio?

To understand whether you are a domestic worker entitled to overtime pay, it’s crucial to first understand what overtime pay is. Specifically, overtime pay is compensation for time worked beyond 40 hours in a work week. Unless an exemption applies, it must be paid by law.

Under both Ohio law and the Fair Labor Standards Act (FLSA), overtime pay is required to be paid at time and a half a worker’s standard pay for any hours exceeding 40. This means that a worker who is paid $20 an hour would receive $30 for any time worked beyond the 40-hour threshold. However, it’s important to note that there are specific exceptions to the overtime law for certain workers — including live-in babysitters, adult caregivers, and other types of domestic workers.

What is a Domestic Worker?

Under Ohio law, a domestic worker is defined as an individual who performs services for a domestic employer in a private household, local college club, or local chapter of a fraternity or sorority. These types of workers can include those who are employed as the following

• Babysitters
• Cooks
• Maids and butlers
• Gardeners and yard workers
• Janitors
• Valets
• Paid companions
• Drivers of vehicles for family use

Any services by a domestic worker for someone other than a domestic employer does not meet the law’s definition of providing a domestic service.

How Does Overtime Pay Work for Domestic Workers in Ohio?

In many cases, domestic workers are entitled to overtime pay in Ohio. However, the law provides an exception for “live-in” workers. A domestic worker who resides with the family employing them permanently or for an extended period of time is exempt from receiving overtime pay — but they must still be paid minimum wage for the time that they worked.

Federal law specifies when an employee meets the definition of a live-in domestic worker:

• A worker is considered to reside on their employer’s premises permanently if they live, work, and sleep there 7 days a week and have no home of their own.
• A worker is considered to reside on their employer’s premises for an extended period of time if they live, work, or sleep there five days a week.
• A domestic worker who works shifts of 24 hours but does not reside permanently or for an extended period of time on their employer’s premises is not considered a live-in worker.

A domestic worker is entitled to overtime pay when they do reside on their employer's premises as defined by law.. These workers must be paid overtime by law for all hours they work beyond 40 in a week. Critically, any domestic workers – such as home health aides and babysitters – who are employed by a third-party agency must be paid overtime for the services they provide, even if they qualify as live-in domestic workers.

What Can You Do If You Are Being Denied Overtime Pay as a Domestic Worker?

If you are a domestic worker entitled to overtime pay, and your employer did not provide the proper compensation, you may be entitled to take legal action to recover your rightful wages. But it’s essential to first discuss the matter with your employer – you might be able to resolve the dispute amicably. In the event you are unable to reach a settlement, you may be eligible to file a complaint with the Ohio Department of Commerce or the U.S. Department of Labor to recover your pay.

You might also be able to commence a lawsuit directly against your employer. In doing so, you may be entitled to recover the wages you are owed, in addition to interest, penalties, attorney fees, and the expenses associated with litigation. In certain cases, liquidated damages may also be recoverable if you can prove that the employer’s violation was willful.

Overtime violations can be complex matters, and it’s vital to have a knowledgeable employment law attorney by your side who can advise you regarding your legal rights. An attorney can best assess your specific situation and guide you through the legal process to help ensure you obtain the maximum compensation to which you are entitled under the law.

Contact an Experienced Ohio Employment Law Attorney

If you’re a domestic worker who was denied your rightful overtime pay, you may be able to recover the wages that were wrongfully withheld. Located in Westlake and offering trusted representation to clients throughout Ohio, employment law attorney Chris Lalak is committed to fighting for the rights of workers and obtaining the compensation they deserve. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help.