California Lawyers for Caregivers and Domestic Workers

Caregivers and domestic workers are some of the hardest-working employees in California. However, employers often pay them less or fail to provide the wages they are legally owed.  Under California law, many caregivers are eligible for overtime pay. However, employers often break wage and overtime rules.

If you work long hours and do not receive correct payment, you may have legal options under California wage and hour laws.

TELL US ABOUT YOUR CASE

Call (213) 805-5301.
Our staff speaks Spanish, Armenian, Farsi, and French.

Lawyers for Caregivers and Domestic Workers

We Are Lawyers for Caregivers and Domestic Workers

Caregivers are some of the hardest-working employees in California,
but they are often underpaid or have had their employee rights violated.

TELL US ABOUT YOUR CASE

Our staff speaks Spanish, Armenian, Farsi, and French.

(213) 805-5301

A Message from our Intake Specialist
(English)

A Message from our Intake Specialist
(Spanish)

Protecting the Rights of Caregivers and Domestic Workers in California

The employment lawyers at the Genie Harrison Law Firm help caregivers and domestic workers. They support those whose wage rights may have been violated. Domestic workers are employees who work in private households, either hired directly by a household or through an agency.

California law has special overtime rules for domestic workers. These rules depend on their job duties and if they are personal attendants or non-personal attendants.

California Overtime Laws That Protect Caregivers

California labor laws exist to protect employees and ensure fair compensation. These laws require employers to pay lawful wages and hold them accountable when they fail to comply with wage and hour requirements.

When violations are proven, California law may allow recovery of:

  • Unpaid overtime wages
  • Interest
  • Statutory penalties

These protections reflect California’s strong public policy favoring fair pay for workers.

No Fees Unless Compensation Is Recovered

The Genie Harrison Law Firm represents employees on a contingency basis, meaning there are no upfront legal fees. If we take your case, attorney fees are paid only if a settlement or trial verdict is reached.

Who Is Considered a Domestic Worker Under California Law?

A domestic worker is someone who performs services in a private household, including:

  • Caregivers for seniors or people with disabilities
  • Nannies and childcare providers
  • Housecleaners
  • Cooks
  • Gardeners
  • Other household workers

Domestic workers are covered by specific overtime rules based on their job duties and classification.

What Laws Protect Domestic Workers and Caregivers?

Domestic workers may be protected by federal, state, and local laws. Employers are required to follow the law that provides workers with the greatest protection.

In most cases, California law provides the strongest wage protections for caregivers and domestic workers, though limited exceptions may apply depending on job duties.

Caregivers’ Right to Overtime Pay

Caregiving work often involves long and demanding hours. Despite this, employers frequently fail to follow overtime laws.

Whether a caregiver is entitled to overtime depends on:

  • Their job duties
  • Whether they qualify as a personal attendant or non-personal attendant
  • Whether they live in or live out of the household

California’s Domestic Worker Bill of Rights

Employment lawyers for caregivers

In 2013, California enacted the Domestic Worker Bill of Rights, extending overtime protections to certain caregivers who were previously excluded under state law.

Under this law, many personal attendants working in private homes became entitled to:

  • Overtime pay
  • Meal periods
  • Rest breaks

Overtime Rules for Caregivers and Domestic Workers

Overtime for Personal Attendants

Personal attendants are generally entitled to overtime pay at one-and-a-half times (1.5x) their regular rate for:

  • Hours worked over nine (9) hours in a day, or
  • Hours worked over 45 hours in a workweek

Overtime for Non-Personal Attendants (Wage Order 15)

Live-In Non-Personal Attendants

Overtime pay (1.5x) for:

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

Double time pay (2x) for:

  • Hours worked over nine (9) on the sixth and seventh consecutive workdays

Non-Live-In Non-Personal Attendants

  • Overtime pay (1.5x) for:
  • Hours worked over eight (8) in a day
  • Hours worked over 40 in a workweek
  • The first eight (8) hours on the seventh consecutive workday
  • Double time pay (2x) for:
  • Hours worked over twelve (12) in a day
  • Hours worked over eight (8) on the seventh consecutive workday
Lawyers for personal attendant caregiver

What is a Personal Attendant?

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

  1. The worker is employed by a private household or a recognized third-party employer in the health-care industry to work in a private home
  2. The worker’s primary duties involve supervising, feeding, or dressing a child or a person who requires assistance due to age, physical disability, or mental impairment
  3. Non-attendant duties do not exceed 20 percent of total weekly work hours

Who Is Not Considered a Personal Attendant?

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

  • Family members of the employer (parent, grandparent, spouse, sibling, or child)
  • Babysitters under age 18
  • Casual babysitters who work irregularly and not as a vocation
  • Individuals providing services through state or regional center voucher programs
  • Certain childcare providers covered under specific California education and welfare statutes

Who is NOT a personal attendant?

  1. Family members, including parent, grandparent, spouse, sibling, or child of the employer.
  2. Someone under the age of 18 employed as a babysitter to a minor.
  3. Anyone who is a “casual babysitter” (meaning someone who babysits on an irregular or intermittent basis and is not a babysitter by vocation).
  4. Anyone who provides services to the developmentally disabled through a state or regional center voucher program.
  5. Anyone who provides childcare pursuant to certain childcare acts (the Child Care and Development Services Act of the Education Code or the California Work Opportunity and Responsibility to Kids Act of the Welfare and Institutions Code).

Request a Confidential Caregiver Overtime Review

If you believe you were denied overtime pay, you may wish to speak with an attorney about your situation. A confidential review can help determine whether you have a valid wage claim under California law.

📞 Call (213) 805-5301 or submit a request for a confidential evaluation from the form below.

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    GENIE HARRISON LAW FIRM, APC LOCATIONS
    Los Angeles: 523 W. 6th Street, Suite 707, Los Angeles, CA 90014
    Calabasas: 23975 Park Sorrento, Suite 202, Calabasas, CA 91302