(a) Employees performing babysitting services on a casual basis, as
defined in Sec. 552.5 are excluded from the minimum wage and overtime
provisions of the Act. The rationale for this exclusion is that such
persons are usually not dependent upon the income from rendering such
services for their livelihood. Such services are often provided by (1)
Teenagers during non-school hours or for a short period after completing
high school but prior to entering other employment as a vocation, or (2)
older persons whose main source of livelihood is from other means.
(b) Employment in babysitting services would usually be on a
``casual basis,'' whether performed for one or more employees, if such
employment by all such employers does not exceed 20 hours per week in
the aggregate. Employment in excess of these hours may still be on a
``casual basis'' if the excessive hours of employment are without
regularity or are for irregular or intermittent periods. Employment in
babysitting services shall also be deemed to be on a ``casual basis''
(regardless of the number of weekly hours worked by the babysitter) in
the case of individuals whose vocations are not domestic service who
accompany families for a vacation period to take care of the children if
the duration of such employment does not exceed 6 weeks.
(c) If the individual performing babysitting services on a ``casual
basis'' devotes more than 20 percent of his or her time to household
work during a babysitting assignment, the exemption for ``babysitting
services on a casual basis'' does not apply during that assignment and
the individual must be paid in accordance with the Act's minimum wage
and overtime requirements. This does not affect the application of the
exemption for previous or subsequent babysitting assignments where the
20 percent tolerance is not exceeded.
(d) Individuals who engage in babysitting as a full-time occupation
are not employed on a ``casual basis.''
[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]
