Are in home childcare workers not given overtime pay?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are in home childcare workers not given overtime pay?

My boss told me after weeks of working
overtime that she isn’t required to pay
time and a half on overtime hours.

I suspect that is correct but have had
trouble confirming online.

The preschool is in her home, and is a
small business. Is she exempt from
paying overtime to her employees?

Asked on July 23, 2017 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She is wrong, assuming that you are an hourly employee: all hourly employees receive overtime when they work more than 40 hours in a week. It does not matter where the work is done (e.g. a traditional office or school setting vs. in home); it also does not matter whether it is a 2 person business or 20,000 people. The labor laws (e.g. Fair Labor Standards Act or FLSA) are very clear that when an hourly worker works more than 40 hours in a week, he or she gets overtime. If you are not paid overtime when you should be, you can contact the department of labor to file a complaint; you may be entitled to the back overtime you should have been paid, plus overtime going forward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption