Hiring live-in domestic staff—such as nannies, caregivers, housekeepers, or chefs—can truly transform the way a household functions. With the right person in the role, families experience greater consistency, personalized support, and peace of mind. But if you’re hiring in California or Texas, it’s important to understand how legal and logistical requirements differ across these two states.
Legal Snapshot: California vs. Texas
| Category | California | Texas |
|---|---|---|
| Overtime Pay | Required for hours over 9/day or 45/week (personal attendants); 9/day or 40/week (others) | Not required for live-in domestic workers under FLSA |
| Rest Requirements | Must provide 12 consecutive off-duty hours every 24 hours | No legal rest break requirements for domestic workers |
| Worker Classification | Must be employees (not contractors) | Must be employees (not contractors) |
| Workers’ Compensation | Mandatory for household employers | Not required, but strongly recommended |
| Workplace Safety Standards | Cal/OSHA protections apply as of July 2025 | No state-mandated domestic worker safety standards |
| Recordkeeping | Required: track hours, pay, and off-duty time | Required: keep basic time and pay records |
| Live-in Housing Rules | Must provide clean, private living quarters; housing does not count toward wage unless agreed in writing | Housing can count toward wages if documented and voluntarily accepted |
Why Families Are Hiring Live-In Domestic Staff
No matter where you live, the benefits of hiring live-in domestic staff are significant:
- Consistent, Personalized Support: Whether it’s for children, aging parents, or high-demand households, a live-in role provides seamless care and attention.
- 24/7 Availability: Perfect for families with unpredictable schedules, overnight needs, or last-minute travel.
- Integrated Lifestyle Support: Live-in staff often support with errands, pet care, meal prep, travel, and more.
- Stronger Relationships: When staff live on-site, they naturally build deeper bonds with the family—especially valuable for children and elderly care.
Best Practices for Hiring Live-In Help
Regardless of which state you call home, these best practices ensure a smooth and legal employment experience:
1. Use a Written Employment Agreement
In California, this is a legal requirement. In Texas, it’s highly recommended. Spell out duties, compensation, housing, and termination policies.
2. Track Hours, Even for Live-In Roles
Live-in doesn’t mean “on call.” Keep clear records of hours worked and ensure fair rest time—particularly important in California.
3. Pay Fairly and Legally
Use a household payroll service to ensure compliance with tax and labor laws.
4. Offer Adequate Time Off
Work-life balance matters. Time off and vacation not only retain great staff—they reflect a respectful working environment.
5. Provide a Comfortable, Private Living Space
A clean, private bedroom (and ideally a bathroom) is essential. A welcoming home fosters mutual respect and long-term success.
6. Carry Workers’ Compensation Insurance
Mandatory in California, strongly encouraged in Texas to minimize risk.
7. Avoid Misclassification
Classify your household staff as W-2 employees, not contractors. It’s a major legal pitfall to avoid.
Your Partner in Hiring Live-In Domestic Staff
At Town + Country Resources, we help families navigate the complexities of hiring live-in domestic staff in both California and Texas. With decades of experience, a deep understanding of regional employment laws, and a commitment to high-quality placements, we take the guesswork out of the process.
Whether you’re hiring a live-in nanny in Palo Alto or a housekeeper in Austin, our team is here to support you with expert guidance and exceptional candidates.
Contact us to start the conversation and find the right live-in professional for your household.