Personal attendants who do not work in the home are not covered under the Domestic Worker Bill of Rights. Their employment may be governed under Wage Order No. 5, which governs the public housekeeping industry, including hospitals, sanitariums, rest homes, child nurseries and care institutions, homes for the aged, and similar establishments offering board or lodging in addition to medical, surgical, nursing, convalescent, aged, or child care.
Under Wage Order No. 5, a personal attendant is an employee hired by a non-profit organization to supervise, dress, or feed a child or an adult with disability or advanced age.
Personal attendants employed by non-profit institutions under Wage Order No. 5 are only entitled to overtime for hours worked in excess of 40 in a week or for any hours worked on the 7th consecutive day of the workweek. Personal attendants under Wage Order No. 5 are not entitled to double-time compensation.
Note that workers in the public housekeeping industry who devote more than 20% of their time to duties other than the work of a personal attendant are not considered personal attendants under this wage order. This specific subcategory of domestic workers is entitled to normal overtime protections (as specified in the Wage Order No. 5): overtime pay (1.5 x the regular rate of pay) for hours worked in excess of eight (8) hours in a day or 40 regular hours in a week. They are also entitled to double time (2 x the regular rate of pay) for hours worked over 12 in a day or for hours worked over eight (8) on the seventh consecutive day of the workweek (in addition to regular overtime for the first eight (8) hours worked on the seventh consecutive day).
October 2018
Tags: California, Domestic Worker Bill of Rights