Elder Care Caregiver Employment Agreement

Under the federal Fair Labor Standards Act, most live-out household employees must be paid one and a half times their regular hourly rate for any hours worked over 40 in a workweek. Live-in caregivers may have different overtime exemptions depending on your state's specific labor laws. You must consult your local state department of labor to ensure complete compliance.

You can and should explicitly state the presence and use of security cameras in the agreement. However, you must restrict these cameras to common living areas and completely exclude them from private spaces like bathrooms or the caregiver’s private living quarters. Openly disclosing this upfront preserves trust and ensures compliance with state wiretapping and privacy laws.

Your agreement should clearly outline how many paid or unpaid sick and vacation days the caregiver receives annually and how far in advance they must request time off. Many states have specific laws mandating paid sick leave for domestic workers, which you must incorporate into the contract. Clarifying these expectations early ensures you have ample time to arrange backup care.

An agency contract is an agreement between you and a care provider company that handles the caregiver's employment, payroll, and insurance. A private employment agreement is a direct contract between you and an independent caregiver, making you the legal employer responsible for payroll taxes, workers' compensation insurance, and direct management. Direct hiring often reduces hourly costs but increases your administrative and legal responsibilities.