Sleep-in housekeepers: Are you getting overtime pay?

Is a sleep-in housekeeper entitled to overtime pay under wage-and-hour laws?

A federal judge in New York State recently ruled that such employees may, indeed, be entitled to overtime pay if they don't reside at their employers home. (Ciesielska v. Kadish)

Judge Bianco said that an employee who slept at her employer's premises 5 days a week and at her own residence on weekends may be exempt from the FLSA's overtime restrictions. The court concluded that "to reside denotes both a length of time and action and intention by the resident."

This decision is relevant to many thousands of housekeepers who sleep at their employer's premises during the week and at their own home on the weekends, but do not get overtime pay for working over 40 hours per week.