Domestic Worker Rights in Ohio: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., provides the primary federal framework governing domestic worker wages and hours. However, the FLSA contains significant carve-outs that exclude many household workers from coverage. Section 213(a)(15) exempts from minimum wage and overtime requirements: (1) any employee engaged in domestic service in a private home, unless the employee is employed on a casual basis and the employer is not in the business of employing domestic workers, and (2) employees engaged in companionship services for individuals unable to care for themselves. These exemptions mean that live-in nannies, housekeepers, and elder caregivers often fall outside FLSA protections entirely.

Where domestic workers do qualify for FLSA coverage (typically non-live-in workers employed on a regular, non-casual basis), they are entitled to the federal minimum wage of $7.25 per hour and overtime pay at 1.5 times the regular rate for hours over 40 in a workweek. The FLSA is enforced by the U.S. Department of Labor's Wage and Hour Division (WHD). An employee may file a complaint with WHD or pursue a private lawsuit under the FLSA without first filing with any government agency. The statute of limitations for FLSA claims is two years for unpaid minimum wage or overtime (three years for willful violations).

Additionally, domestic workers are excluded from coverage under the National Labor Relations Act (29 U.S.C. § 152(3)), meaning they have no federal right to unionize or engage in collective bargaining. Occupational Safety and Health Administration (OSHA) protections under 29 U.S.C. § 651 do not cover private household employers, leaving domestic workers without federal workplace safety standards. Workers' compensation is not required for domestic workers in many states, including Ohio, unless the employer voluntarily provides it or state law mandates coverage for certain categories.

Ohio has not enacted a comprehensive domestic worker bill of rights. Instead, Ohio Revised Code § 4109.02 establishes a state minimum wage that technically applies to all covered employees, including domestic workers, but enforcement is weak and exemptions mirror federal FLSA carve-outs. Ohio's current minimum wage is $10.45 per hour (effective January 1, 2024), which exceeds the federal floor of $7.25 per hour.

Under Ohio state law, domestic workers employed on a non-casual, regular basis in private households may be entitled to the state minimum wage. However, Ohio's statute does not define "casual" employment with the same precision as the FLSA, creating ambiguity. Employers and domestic workers often interpret the exemption broadly, leaving many household workers without reliable wage protection. Ohio does not mandate overtime pay for domestic workers; overtime rights are governed solely by federal FLSA rules, under which most domestic employees are excluded.

Ohio Revised Code § 4123.01 governs workers' compensation. Critically, household workers employed on a casual basis or in private home settings are excluded from mandatory workers' compensation coverage in Ohio unless the employer voluntarily provides coverage or meets specific thresholds for regular employment. This exclusion leaves many domestic workers without injury protection and creates a legal gap between what employers in commercial settings must provide and what household employers must provide. Ohio does not require household employers to carry health insurance, sick leave, or paid time off for domestic workers, and no state law mandates meal breaks or rest periods for this workforce.

Ohio also does not extend collective bargaining rights to domestic workers beyond what federal law permits (which is minimal). Unlike California, New York, and some other states, Ohio has not enacted specific protections against discrimination, harassment, or retaliation for household workers, meaning such claims would proceed under federal Title VII (if 15+ employees) or state general nondiscrimination law with limited applicability to small household employers. Ohio's state law is considerably weaker than federal minimum wage protections in other states, and domestic workers in Ohio lack the robust statutory protections that exist in leading states.

The primary exception for domestic workers in Ohio stems from federal FLSA § 213(a)(15), which categorically exempts: (1) live-in domestic employees, and (2) workers providing companionship services. These exemptions are absolute—no minimum wage, no overtime, no hour limitations apply to exempt domestic workers under federal law. Ohio state minimum wage law also contains an exemption for casual domestic employees, but "casual" is not clearly defined and often interpreted to exclude even part-time, regular housekeepers.

Ohio Revised Code § 4123.01 excludes household workers from mandatory workers' compensation coverage unless they are employed on a "regular" basis or the employer meets specific thresholds, creating a common defense for employers who claim workers were employed casually. This exclusion applies even if the worker was injured during employment; the worker may have no remedy unless the employer voluntarily carried workers' compensation insurance. Household employers with fewer than three regular employees are typically not required to maintain workers' compensation coverage in Ohio.

Additionally, domestic workers employed in private homes are excluded from OSHA coverage (29 U.S.C. § 654(b)(1)), so an unsafe work environment in a private household is not an OSHA violation. However, general state tort law (premises liability, negligence) may still apply if an employer's actions cause injury.

Important edge cases: (1) If a domestic worker is also a family member, some courts have applied heightened exemptions or informal employment relationships. (2) If work is performed incidentally (e.g., a handyman who occasionally does household tasks) and the worker is primarily classified as an independent contractor, they fall outside employment law entirely. (3) If an employer operates a home-based business (e.g., a daycare center in the home), those workers may have greater protections than pure household employees, depending on whether the home is the "primary" workplace. (4) Domestic workers in facilities such as group homes or assisted living facilities (not pure private homes) may receive greater statutory protections under Ohio's staffing and licensing rules.

Step 1: Document and Preserve Evidence Create a written record of all work performed, including dates, hours worked (start and end times), tasks completed, and any agreements about pay. Keep copies of text messages, emails, pay stubs (if any), or written contracts. Document any unsafe conditions, harassment, discrimination, or wage theft with dates, times, and witnesses present. Maintain this documentation securely (email a copy to yourself or store in cloud storage). Do not destroy records, even after employment ends, as they are critical evidence if a claim proceeds.

Step 2: Attempt Internal Resolution and Document Communication If possible, send a written message (email or text) to your employer explaining the wage issue or violation clearly. For example: "I worked 10 hours on January 15 and 12 hours on January 16 and have not received payment. Please confirm payment by [date]." This creates a paper trail and may prompt quick resolution. If the employer responds or denies liability, preserve that communication. Do not rely solely on verbal promises; obtain written confirmation of any agreement to pay back wages or remedy a violation. Document any retaliation or negative treatment after raising the issue.

Step 3: File a Wage Claim with Ohio Department of Commerce or Federal Wage and Hour Division For Ohio minimum wage violations: File a wage claim with the Ohio Department of Commerce, Division of Labor & Worker Safety, Wage & Hour Bureau. Visit www.com.ohio.gov/documents/disco/wage-hour-bureau or call (614) 644-2223. Provide your name, employer name and address, dates of work, hours worked, promised pay rate, actual pay received, and documentation of the shortfall. No filing fee is required. Deadline is generally two years from the violation date (or three years for willful violations), though Ohio wage claims must typically be filed within a reasonable time after discovery.

For federal FLSA violations (if applicable to your situation, such as off-the-books pay, no pay at all, or employer claims you are not a domestic worker): File a complaint with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-3605). No filing deadline exists for filing a WHD complaint, but claims are time-barred after two years (or three years if willful). WHD will investigate at no cost to you and may recover back wages on your behalf.

Step 4: Investigation and Settlement Negotiations Ohio Department of Commerce: If a wage claim is filed, the Division of Labor & Worker Safety will contact your employer for a written response. The investigation typically takes 30–90 days. If the employer does not respond or disputes your claim, the division may conduct interviews and review payroll records. A hearing officer may schedule a hearing where both parties present evidence. The process is non-adversarial and you typically do not need an attorney.

Federal WHD: If you file a WHD complaint, an investigator will contact the employer and request payroll records. WHD investigation timelines vary (typically 30–120 days) depending on case complexity. WHD will not conduct a formal hearing but will issue findings and demand payment of back wages and penalties if a violation is found. Settlement may occur during investigation.

Expect communication delays and requests for additional documentation. Respond promptly to any agency request.

Step 5: When to Consult an Attorney Consult an employment law attorney if: (1) the back wages owed exceed $2,000 (attorney may take contingency fees and recover attorney fees if FLSA violation is proven); (2) the employer retaliates against you after filing a complaint; (3) your employer disputes that you are an employee (misclassification as independent contractor); (4) you were injured at work and denied workers' compensation; (5) you experience discrimination or harassment related to a protected characteristic (race, sex, age, disability); or (6) the Ohio Department of Commerce or WHD investigation stalls. Contact the Ohio Legal Help service (www.ohiolegalhelp.org, 1-888-529-0304) for referrals to legal aid or low-cost attorneys specializing in employment law.