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yukwe62 Asked December 2016

Is it legal to hire a live-in caregiver full time 24/7 for a fixed salary?

  If so are there time off hours?

anonymous275053 Dec 2016
Yukwe You can only ask Who ever works under You to do what You would do Yourself. If You expect a Live in Full time Care giver to work 24/7 You will not have Her for Long, as She's going to suffer from exhaustion, and burn out.

pamstegma Dec 2016
Do it with a written contract and it will be legal. Domestic workers in some states are exempt from minimum wage laws. This is why you need a lawyer.

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freqflyer Dec 2016
yukwe62, don't forget, if you hire someone to work in your home as an employee, your home would need "workman's comp" rider on your homeowners insurance. Unless you hire from a licensed Agency, they may pay their own workman's comp.

Countrymouse Dec 2016
I suppose it might depend partly on whether those 24/7 were spent actually working or just "on call." But in any case you'd still need to plan back up, because nobody can even be on call 24/365. Unless they're family, obviously.

GardenArtist Dec 2016
Just out of curiosity, how would you expect a full time live-in caregiver to work for 24/7 duty w/o any time off? When would he/she sleep?

No one can realistically even work 24/7, unless they're special forces or similar commandos who are highly trained, and I doubt if they'd be doing caregiving when there are other professions that need these very skilled military or ex-military personnel and could compensate them well for their skills.

mom2mom Dec 2016
if you are in the US, you really need to consult FLSA and also make sure that you are in compliance with state specific laws.

As a rule, though, you must pay overtime for any hours over 8 in a day or over 40 in a 7 day calendar week.

There are exemptions for salaried personnel but a caregiver would not fit that definition so I would say "no"

You can hire a live in caregiver but you have to compensate them hourly and pay overtime and you can't expect them to work 24/7.

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