Overtime for Domestic Workers

In a development that affects even the smallest of California employers, California Governor Jerry Brown signed another bill mandating overtime pay for domestic workers.  The new measure, known as the Domestic Workers Bill of Rights, requires that employers pay their domestic employees time and a half for each hour worked beyond nine hours in one day or 45 hours in one week.  The law applies to all employees engaged in “domestic work,” including nannies, housekeepers, and those who provide care for people with disabilities.  However, the law contains a babysitter exemption for workers who care for a child on an intermittent basis.

Some household employees were already entitled to overtime under existing California law. Those employees who spent more than 80 percent of their time caring for others were exempted.

The new rights for nannies and personal attendants go into effect on January 1, 2014. These rights are not permanent. Under a sunset provision, the overtime protections would end in 2017 if they are not extended by the California Legislature. 

For more information on these topics, please contact The Law Offices of Young Wooldridge, LLP to speak with a member of the Employment Law Department.  

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In a development that affects even the smallest of California employers, California Governor Jerry Brown signed another bill mandating overtime pay for domestic workers.  The new measure, known as the Domestic Workers Bill of Rights, requires that employers pay their domestic employees time and a half for each hour worked beyond nine hours in one day or 45 hours in one week.  The law applies to all employees engaged in “domestic work,” including nannies, housekeepers, and those who provide care for people with disabilities.  However, the law contains a babysitter exemption for workers who care for a child on an intermittent basis.

Some household employees were already entitled to overtime under existing California law. Those employees who spent more than 80 percent of their time caring for others were exempted.

The new rights for nannies and personal attendants go into effect on January 1, 2014. These rights are not permanent. Under a sunset provision, the overtime protections would end in 2017 if they are not extended by the California Legislature. 

Topics:  Domestic Workers, Employee Rights, Minimum Wage, Unpaid Overtime

Published In: Labor & Employment Updates

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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