If you work in the home but you are NOT a personal attendant, then you are not covered by the Domestic Worker Bill of Rights. However, regular overtime protections apply under Wage Order No. 15, which sets overtime protections for domestic workers who are not personal attendants. There are different overtime protections depending on the type of work performed:
- Non-live-in domestic workers who are not personal attendants are entitled to overtime (1.5 x the regular rate of pay) for hours worked over eight (8) in a day or 40 regular hours in a workweek; overtime for the first eight (8) hours on the seventh consecutive day of the workweek; double time (2 x the regular rate of pay) for hours worked over 12 in a day; and double time for hours worked over eight (8) on the seventh consecutive day of the workweek.
- Live-in domestic workers who are not personal attendants are entitled to overtime for hours worked over nine (9) in a day and for the first nine (9) hours worked on the sixth and seventh consecutive day of the workweek. Live-in employees are entitled to double time (2 x the regular rate of pay) for hours worked over nine (9) hours on the sixth and seventh consecutive day of workweek.
Summary table: overtime for domestic workers
| IF YOU ARE… | THEN YOU ARE ENTITLED TO… | UNDER THIS LAW… | |
|---|---|---|---|
| Overtime (1.5 x regular rate of pay) |
Double time (2 x regular rate of pay) |
||
| A personal attendant employed in a private household | > 9 hours/day or > 45 hours/week |
n/a | Domestic Worker Bill of Rights (Labor Code sections 1450─1454) |
| Other type of domestic worker (not a personal attendant) | |||
| Not live-in | > 8 hours/day or > 40 hours/week |
> 12 hours/day or > 8 hours on the 7th consecutive day of work |
Wage Order No. 15 (normal overtime requirements) |
| Live-in | > 9 hours/day or Up to 9 hours worked on the 6th or 7th day of the week |
> 9 hours on the 6th or 7th day of the week | Wage Order No. 15 (special overtime requirements) |
October 2018
Tags: California, Domestic Worker Bill of Rights