Domestic Workers Get Overtime In California Starting January 1, 2014

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Among the various wage-related legislation Governor Brown signed into law recently is a provision that will allow housekeepers, nannies, caregivers and other domestic workers in private homes to collect overtime pay.  Specifically, A.B. 241, titled the Domestic Worker Bill of Rights, provides that domestic employees will now be eligible for overtime at one and one-half times the employee’s regular rate if the employee works more than nine hours in a day or more than 45 hours in a week.

These domestic workers in private homes were largely considered exempt from hours and overtime restrictions under Wage Order 15.  The legislation originally included a requirement for meal and rest period rights, but those provisions were removed prior to passage.  Similarly, casual babysitters (as opposed to nannies) were also excluded.  The overtime provision becomes effective January 1, 2014 and has a sunset provision under which the bill remains in effect for three years or until the legislature extends or replaces it.

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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