{"id":17748,"date":"2026-02-27T12:02:31","date_gmt":"2026-02-27T17:02:31","guid":{"rendered":"https:\/\/gtm.com\/household\/?p=17748"},"modified":"2026-02-27T13:39:39","modified_gmt":"2026-02-27T18:39:39","slug":"sleeping-time-laws","status":"publish","type":"post","link":"https:\/\/gtm.com\/household\/sleeping-time-laws\/","title":{"rendered":"How to Comply with Sleeping Time Laws"},"content":{"rendered":"
\"sleeping-time-laws\"

How to pay for hours when your caregiver is “on call” will be determined by the applicable sleeping time law.<\/p><\/div>\n

There may be times when you require your nanny or a senior caregiver for overnight care, long shifts or you may hire a live-in employee. Sleeping time laws vary by the type of shift your caregiver is working and where the work is being performed.<\/p>\n

Typically, you\u2019ll need to pay your caregiver for the time they spend sleeping.<\/p>\n

Here are the standards set by the Fair Labor Standards Act (FLSA).<\/p>\n

Your caregiver is on duty for less than 24 hours<\/h2>\n

Let\u2019s say your caregiver works a 16-hour overnight shift from 5 p.m. to 9 a.m. Their charge goes to bed at some point during the evening or night. The caregiver may be allowed to sleep as well if all their other duties are completed, and knowing that they must awake to respond to any of their charge’s needs. Even though they are sleeping, the caregiver remains on duty to perform work. That means they are paid for all hours on the job, including those when they may be allowed to sleep<\/strong>. Remember, overtime pay of at least time and a half likely applies to hours worked over 40 in a week.<\/p>\n

Your caregiver is on duty for 24 or more hours<\/h2>\n

If your caregiver is on the job for 24 or more hours, sleeping time and meal periods must be paid. However, you could agree with your caregiver to exclude sleep time and meal periods from hours worked. To do this, you must provide adequate sleeping facilities, and the caregiver must get eight hours of uninterrupted sleep.<\/p>\n

If your caregiver\u2019s sleep time is interrupted to perform work and, as a result, they get five or fewer hours of sleep, you must count all time as hours worked, including hours the employee slept. If your caregiver performs work during their sleep time but still gets more than 5 hours of sleep, you only need to pay for the time the caregiver worked.<\/p>\n

Again, rules on overtime pay may apply.<\/p>\n

Caregiver resides on the premises<\/h2>\n

If you hire a live-in caregiver, you are typically not required to pay them for sleeping time. Your caregiver is considered to have adequate time for personal activities and can even leave the employer\u2019s premises for personal reasons.<\/p>\n

State laws<\/h2>\n

Your state may have its own requirements for sleeping time. While these state laws may be similar to FLSA requirements, you must comply with the provision that is more favorable to your caregiver.<\/p>\n

California<\/h3>\n

In California, non-exempt employees who work a 24-hour shift or longer must be paid for their sleeping time. However, if an employee can get more than five hours of uninterrupted sleep, those hours do not need to be paid, and the time excluded for uninterrupted sleep cannot exceed eight hours. The employer must also furnish adequate sleeping facilities.<\/p>\n

New York<\/h3>\n

Under New York’s Minimum Wage Order, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).<\/p>\n

Nevada<\/h3>\n

Nevada’s Domestic Workers’ Bill of Rights requires payment for all working hours, including sleep time and meal breaks, if the worker is required to be on duty during those times.<\/p>\n

Oregon<\/h3>\n

Oregon’s Domestic Workers’ Protection Act requires that live-in employees receive at least eight hours of time off within a 24-hour period and be provided with a space with adequate conditions for uninterrupted sleep.<\/p>\n

Documenting Sleep Time and Hours Worked<\/h2>\n

A recurring theme in recent case law (especially in New York) is that employers who follow the sleep exclusion rules but fail to document compliance remain vulnerable to wage-and-hour claims. Household employers should keep time records and written sleep-time agreements.<\/p>\n

Hiring a Senior Caregiver?<\/h2>\n

Download our complimentary Senior Care Payroll and Tax Guide. In this new guide, we lay out the steps for complying with tax, wage, and labor laws when you hire an in-home senior caregiver.
\n