Domestic Workers Bill of Rights California

DOMESTIC WORKERS

If you are a domestic worker - nanny, childcare provider, caregiver or attendant to people with disabilities or seniors, housecleaner, cook, gardener, or other household worker, working in a private home, directly hired by the household or by a third party, like an agency - your employer must:

  • pay you the minimum wage 
  • pay you overtime:

    Live-out domestic workers are entitled to:
    • 1.5 x regular rate of pay for work over 8 hours in a day or 40 hours in a week
    • 1.5 x regular rate of pay for the first 8 hours on the 7th consecutive day
    • 2.0 X regular rate of pay for work over 12 hours in a day
    • 2.0 X regular rate of pay for work of over 8 hours on the 7th consecutive day
    Live-in domestic workers are entitled to:
    • 3 hours off in a 24 hour workday (it can be non-consecutive);
    • 12 consecutive hours off in a 24 hour workday;
    • 24 consecutive hours off for every 5 days of work.
    • 1.5 x regular rate of pay for work over 9 hours in a day;
    • 1.5 x regular rate of pay for the first 9 hours of work on the 6th and 7th consecutive day;
    • 2.0 x regular rate of pay for more than 9 hours on the 6th or 7th consecutive day.
  • pay your meal breaks:
    • 30 minute unpaid meal break for a work period of more than 5 hours; a second meal period of 30 minutes if your work period is more than 10 hours in a day.
    • You may agree in writing to take an on-duty meal period only when the nature of the work prevents you from being relieved of all duty. You can revoke the agreement anytime. The on-duty meal period must be paid.
    • if you work only 6 hours per day or less you can waive the meal period.
    • If your total work time is no more than 12 hours per day, a second meal break may be waived by as long as the first meal period was not waived.
    • Your employer must pay one additional hour of pay at the employee’s regular rate of pay for each work day that there is a meal break violation.
  • pay you rest breaks
    • 10 minutes rest period for shifts from 3 ½ to 6 hours in length;
    • 20 minutes total rest periods for shifts of more than 6 hours and up to 10hours;
    • 30 minutes total rest periods for shifts of more than 10 hours and up to 14 hours.

    Authorized rest periods are counted as hours worked and must be paid.

    Your employer must pay one additional hour of pay at the employee’s regular rate of pay for each work day that there is a rest break violation.

  • Your employer may credit part of the cost of meals and lodging against your minimum wage, if there is an agreement in writing with you.

      

You are a domestic worker if you:
  • give services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations.

You are not a domestic worker if you:

  • are a personal attendant - your companionship exceeds 20% of your work - see more below
  • perform services through the In-Home Services program
  • are the parent, grandparent, spouse, sibling, child or adopted child of the employer
  • are a casual babysitter for a minor child in the domestic employer's home
  • are a babysitter under the age of 18
  • are employed by a licensed health facility
  • if you provide domestic services through Department of Developmental Services pursuant to the Lanterman Developmental Disability Services Act (DDS)

PERSONAL ATTENDANTS

You are personal attendant if you are employed by a private householder or by any third-party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of personal attendant shall apply when no significant amount of work other than the foregoing is required (not more than 20%).

Your employer must pay you:

    • minimum wage (unless
    • overtime 
      • 1.5 x regular rate of pay for work over 9 hours in a day
      • 1.5 x regular rate of pay for work over 45 hours in a week

        This part shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.


Violations of the Domestic Bill of Rights

You may report violations of the Domestic Bill of Rights with the Division of Labour Standard's Enforcement's (DLSE) Bureau of Field Enforcement (BOFE). The Division has complaint forms online in English and in Spanish. If you want mail or call the Division, find here the local DLSE BOFE Office.

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