Lawyers for Caregivers and Domestic Workers

The employment lawyers at the Genie Harrison Law Firm represent caregivers and domestic workers whose wage rights may have been violated.

Domestic workers are employees who work in private households, either hired directly or through an agency. California law provides special overtime rules depending on job duties and whether the worker is classified as a personal or non-personal attendant.

California Overtime Laws That Protect Caregivers

California labor laws require employers to pay lawful wages and follow strict overtime standards.

When employers violate these laws, workers can recover:

• Unpaid overtime wages
• Interest
• Statutory penalties

As a result, California maintains one of the strongest public policies in the country protecting workers’ right to fair pay.

Who Is Considered a Domestic Worker Under California Law?

A domestic worker provides services in a private household, such as:

• Caregiving for older adults or individuals with disabilities
• Nanny or childcare services
• Housecleaning
• Cooking
• Gardening
• Other household support work

Because classifications matter, overtime rights depend on job duties and employment status.

What Laws Protect Domestic Workers and Caregivers?

Federal, state, and local laws may apply. However, employers must follow whichever law provides the greatest protection.

In most situations, California law offers the strongest wage and overtime safeguards, although limited exceptions may apply based on job duties.

Caregivers’ Right to Overtime Pay

Caregiving often involves long, demanding hours. Whether overtime applies depends on:

• Job duties
• Personal vs. non-personal attendant classification
• Live-in or live-out status

Therefore, proper classification is critical.

Overtime Rules for Caregivers and Domestic Workers

In 2013, California enacted the Domestic Worker Bill of Rights, which expanded overtime protections for many caregivers working in private homes.

Eligible workers may be entitled to:

• Overtime pay
• Meal periods
• Rest breaks

California overtime laws vary depending on whether a worker is classified as a personal attendant, a live-in caregiver, or a non-live-in domestic worker.

Overtime for Personal Attendants

Personal attendants earn overtime at 1.5 times their regular rate for:

• Hours worked over 9 in a workday
• Hours worked over 45 in a workweek

Overtime for Non-Personal Attendants (Wage Order 15)

Live-In Non-Personal Attendants

Workers earn overtime (1.5x) for:

• Hours over 9 in a day
• The first 9 hours on the sixth and seventh consecutive workdays
• Hours over 45 in a workweek

They earn double time (2x) for:

• Hours over 9 on the sixth and seventh consecutive workdays

Non-Live-In Non-Personal Attendants

Workers earn overtime (1.5x) for:

• Hours over 8 in a day
• Hours over 40 in a workweek
• The first 8 hours on the seventh consecutive workday

They earn double time (2x) for:

• Hours over 12 in a day
• Hours over 8 on the seventh consecutive workday

How California Law Defines a Personal Attendant

Under California Labor Code section 1451(d), a worker qualifies as a personal attendant only if all of the following apply:

• The worker provides services in a private home for a household or qualifying third-party health-care employer
• Primary duties include supervising, feeding, or dressing a child or person who needs assistance due to age or disability
• Non-attendant duties do not exceed 20% of total weekly hours

Who Is Not a Personal Attendant?

The following workers are NOT classified as personal attendants under California law:

• Family members of the employer
• Babysitters under 18
• Casual babysitters working intermittently
• Individuals paid through state or regional center voucher programs
• Certain childcare providers covered under specific California statutes

Employers often deny overtime by misclassifying workers or using improper pay practices.

You may have an overtime claim if:

• You work long shifts in a private home
• Your daily or weekly hours exceed overtime limits
• You work six or seven consecutive days without proper overtime pay
• Your employer labels you an independent contractor but controls your schedule and duties
• You receive a flat daily or weekly rate instead of hourly pay
• Even salaried caregivers often qualify for overtime under California law.

What Can You Recover?

If your employer violated overtime laws, you may recover:

• Unpaid wages
• Interest
• Labor Code penalties
• Attorneys’ fees and costs