Are in home childcare workers not given overtime pay?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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