For the time being, the answer is yes.  Under federal law, home care workers who assist the elderly and disabled with basic needs (including home health aides, CNAs, caregivers, and companions) are grouped with babysitters and are not entitled to minimum wage and overtime.  However, this law will change in January 2015.  We think that this is an important change to protect workers who are often paid low wages and work long hours.  The U.S. Department of Labor has a very helpful page (link to http://www.dol.gov/whd/homecare/) to help workers and employers determine who will be entitled to overtime. 

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