U.S. Department of Labor 

Wage and Hour Division

(September 2013)

Fact Sheet #79: Private Homes and Domestic Service Employment Under the 

Fair Labor Standards Act (FLSA)

This fact sheet provides general information concerning what is a “private home” for purposes of 

domestic service employment under the FLSA. 

Who Is a Domestic Service Worker? 

Domestic service workers provide services of a household nature in or about a private home. Persons employed 

in domestic service in private homes are covered by the FLSA. Domestic service workers include companions, 

babysitters, cooks, waiters, maids, housekeepers, nannies, nurses, janitors, caretakers, handymen, gardeners, 

home health aides, personal care aides, and family chauffeurs. Services that are not performed in or about a

private home are not considered “domestic service employment” under the FLSA. 

What Is a Private Home?

A private home may be a fixed place of abode or a temporary dwelling, as in the case of an individual or family 

traveling on vacation. A separate and distinct dwelling maintained by an individual or a family in an apartment 

house, condominium, or hotel may constitute a private home. 

Typically, a home owned and occupied by a family would be a private home; however, a nursing home, 

residential treatment facility, residential care home or facility, or other similar residence would not be 

considered a private home for the purpose of domestic service employment under the FLSA. In analyzing 

whether services were performed in a private home, the living unit of the person receiving the services (the 

client) must be evaluated. In determining whether a particular living unit is a private home, the following 

factors below should be analyzed:

Factors to Analyze When Determining if a Living Unit is a Private Home

1) Whether the client lived in the living unit before he or she received any services:

• If the client lived in the living unit before receiving any services, this indicates that the living unit may 

be a private home.

• If the client did not live in the living unit before becoming a client, and if the client would not live in the 

living unit if he or she were not receiving services, then this indicates that the living unit would not be 

considered a private home.

2) Who owns the living unit:

• If the living unit is owned or leased by the client or the client’s family, this indicates that the living unit 

is likely a private home.

• If the living unit is owned or leased by a service provider, this indicates that the living unit is likely not a 

private home.

3) Who manages and maintains the residence (who pays for the mortgage, rent, utilities, and food):

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• If many of the essentials of daily living are provided by the client or the client’s family, then this factor 

weighs in favor of the living unit being a private home.

• If a service provider provides essentials of daily living, then this factor weighs in favor of it not being a 

private home.

4) Whether the client would be allowed to live in the unit if the client were not receiving services from the 

service provider:

• If the client would be allowed to live in the unit without contracting for services, then this factor would 

weigh in favor of it being a private home.

• If the client would not be allowed to live in the unit without contracting for services, then this factor 

would weigh in favor of it not being a private home.

5) Relative difference in the cost/value of the services provided and the total cost of maintaining the living unit:

• If the cost/value of the services is incidental to the other living expenses, then this factor weighs in favor 

of it being a private home.

• If the cost/value of the services is a substantial portion of the total cost of maintaining the living unit, 

then this factor weighs in favor of it not being a private home.

6) Whether the service provider uses any part of the residence for the provider’s own business purposes:

• If the service provider does not use any part of the residence for its own business purpose, then this 

factor weighs in favor of it being a private home.

• If the service provider uses any part of the residence for its own business purpose, for example using 

part of the residence as a business office, then this factor weighs in favor of it not being a private home.

Other factors to consider include: whether significant public funding is involved; who determines who lives 

together in the home; whether residents live together for treatment purposes as part of an overall care program; 

the number of residents; whether the clients can come and go freely; whether the employer or the client acquires 

the furniture; who controls access to the living unit; and whether the provider is a for-profit or not-for-profit 

entity.

A determination of whether domestic services are provided in a private home is fact-specific and must be made 

on a case-by-case basis. No specific factor controls; the overall situation must be analyzed. The employer 

claiming that a particular living unit is a private home under the FLSA must clearly establish this fact by 

considering the relevant factors discussed above. 

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov

and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-

4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of 

position contained in the Department’s regulations.

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue, NW

Washington, DC 20210

1-866-4-USWAGE

TTY: 1-866-487-9243

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