3 Key Takeaways
- State protections vary widely, New York and California lead the way; Texas and Florida rely on federal law alone.
- Federal law provides a floor, but leaves gaps, especially for live-in workers and caregivers.
- Immigration status doesn’t affect your rights. If you work in a home, you may be protected regardless of where you’re from.
If you work as a nanny, house cleaner, caregiver, or home aide, your legal rights depend heavily on which state you’re in. Here’s what the law looks like, and where it falls short.
The federal baseline: a floor, not a ceiling
The Fair Labor Standards Act (FLSA) gives domestic workers the right to minimum wage and overtime if you work 8+ hours a week for one employer. But there are real gaps:
- Live-in workers get minimum wage but no overtime.
- “Companionship” workers for the elderly or disabled may not qualify for either.
- Domestic workers are excluded from union rights and OSHA protections.
- Anti-discrimination laws generally don’t cover households with fewer than 15 employees.
New York: The strongest protections in the country
New York was the first state to pass a Domestic Workers’ Bill of Rights (2010). If you work in a private home here, you’re entitled to overtime after 40 hours (44 for live-ins), one rest day per week, three paid days off after one year, and protection from workplace harassment. These rights apply regardless of immigration status.
California: Strong protections, especially for caregivers
California’s 2013 law focuses on “personal attendants” — workers who spend most of their time helping someone due to age or disability. They’re entitled to overtime after 9 hours/day or 45 hours/week. Other domestic workers are covered under California’s existing wage orders.
Texas and Florida: Federal law only
Neither state has a Domestic Workers’ Bill of Rights. Both explicitly exclude domestic workers from state workers’ compensation coverage. You’re still entitled to federal minimum wage and overtime — but nothing more at the state level.
Home health aides: A complicated gray area
If you work as a home health aide or home care aide, your situation is trickier than most. Under federal law, workers hired specifically to provide “companionship services” to elderly or disabled individuals can be exempt from minimum wage and overtime protections entirely — even though the work can be physically and emotionally demanding.
In New York, whether you’re protected comes down to one key question: who is your employer?
- If the family hires you directly, you’re treated as a domestic worker and covered under the Domestic Workers’ Bill of Rights.
- If you’re placed by a home care agency, you fall outside the Bill of Rights, even if your day-to-day duties are identical to someone who is covered.
This gap in the law is one of the biggest unresolved issues for domestic workers nationally. If you’re unsure which category applies to you, it’s worth getting clarity because the difference can affect your right to overtime, paid time off, and protection from harassment.
If you are unsure you should seek counsel
If you have questions about if any of the above applies to you and/or your situation, never just sit back and do nothing. It is always better to reach out to our team at VKV to see if there is something you can do to make things right.
