Overtime Laws

In the State of California, household employees are considered non-exempt employees. Under applicable federal and California state laws, household employees must be paid over-time (for example, time and a half or double time; overtime rates may vary) for the hours worked beyond certain daily and weekly limits. Which limits apply will depend on the job duties and the nature of the position.

Analyzing what the applicable daily and weekly overtime limits are for an employee working in California has been complicated recently by the passage of AB 241, the so-called “Domestic Worker Bill of Rights,” which took effect as of January 1, 2014. As a result, what these daily & weekly limits will be in any given case requires considering both federal & state laws, and will depend on the nature of the work your employee does and whether they are live-out (as is typically the case) or live-in.

“Personal Attendants”

An employee of a family who spends more than 80% of their time caring for children, elders, etc., will be considered a “personal attendant” for purposes of California overtime rules.

A personal attendant employed by a family and who lives out is entitled to overtime pay for hours worked over nine in a day and over 40 hours in a week.

A personal attendant employed by a family who lives in is entitled to overtime pay for hours worked over nine in a day and over 45 hours in a week.

Employees who are not “Personal Attendants”

A live-out employee who is not a “personal attendant” is entitled to overtime (i) at the rate of one and a half times their regular pay for hours worked over 8 hours in a day and over 40 hours in a week; and (ii) at the rate of twice their regular pay for hours worked over 12 hours in a day and over 8 hours on the 7th consecutive day of work.

A live-in employee who is in a “household occupation” but who is not a “personal attendant” generally allow for longer shifts in a day or week before overtime wages apply. Such an employee is entitled to overtime (i) at the rate of one and a half times their regular pay for hours worked over 9 hours in a day and over 40 hours in a week; (ii) at the rate of one and a half times their regular pay for the first 9 hours on the sixth consecutive day of work; and (iii) at the rate of twice their regular pay for any hours over 9 hours on the sixth day and for any hours on the seventh day.

More Information

Depending on your specific situation, other overtime rules may apply. For more information call 916.323.4920 or visit: http://www.dir.ca.gov. If you have any questions about how this effects your employment relationship, please contact your Placement Counselor.