Fair Labor Standards Act Advisor
Domestic Service Employment
The Fair Labor Standards Act (FLSA), covers domestic service employment. This term refers to services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed. The term includes employees such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, nurses, janitors, laundresses, caretakers, handymen, gardeners, footmen, animal groomers and chauffeurs of automobiles for family use. It also includes babysitters on other than a casual basis (e.g., babysitting that is not irregular or intermittent). This listing is not meant to be all-inclusive.
If the employment in question meets this definition of domestic service employment, then the worker is probably covered by the FLSA and the employer must observe its requirements, unless a specific exemption applies.
If the employment in question does not meet the above definition of domestic service employment, then the worker is probably not covered as a domestic service employee. However, there are several other ways to be covered by the FLSA. Your employees may be covered during workweeks in which they are engaged in interstate commerce, are engaged in the production of goods for interstate commerce, or work on a covered construction job. Young workers may also be covered by the child labor provisions of the FLSA when they work in or about covered production establishments. You should also be aware that in certain instances, we find that employees are jointly employed by more than one employer.
For more information, please contact your local Wage and Hour District Office.