Household employees are often required to stay overnight. For instance, many baby nurses and senior care providers work 24-hour shifts consecutively and many nannies stay overnight when parents travel. Federal wage and hour law states that household employees do not have to be paid for up to 8 hours of sleeping time when they work 24 consecutive hours or more. It is important to note that this law can be applied if the care provider can actually sleep for this extended period of time. If you need overnight care and your caregiver is able to sleep up to 8 hours, this law eases the financial burden. Here are a few scenarios that explain how this law is applied:

1. Nanny Provides Occasional 24-hour Care
   A nanny works a regular schedule of 40 hours per week, Monday – Friday from 8 am – 5 pm. She stays overnight on Friday night on occasion. When this occurs, she does not have to be paid for 8 hours of sleeping time on Friday night, as she will have been on the job for 24 consecutive hours — from 8 am Friday morning until 8 am Saturday morning. However, she must be paid overtime for all hours worked over 40 in the 7-day work week, excluding sleeping time. She worked 40 hours in the week as of 5 pm on Friday, and thus must be paid 7 hours of overtime (5 pm Friday – 8 am Saturday, minus 8 hours of sleeping time).

2. 24-Hour Senior Care, 2 Days Per Week
   An employee works two consecutive 24-hour shifts as part of a team providing full-time care. She is not paid for 16 hours of sleeping time during the 48 hours she is at work. She is paid for 32 hours of regular time during her 48-hour shift.

3. 24-Hour Senior Care, 3 Days Per Week
   An employee works three 24-hour shifts as part of a full-time care team. She is not paid for 24 hours of sleeping time during the 72 hours she is at work. She is paid for the 48 hours worked during the week. Since she must be paid overtime for more than 40 hours within a 7-day work week, the employer pays her 40 hours at regular time and 8 hours of overtime.