HOUSEHOLD OCCUPATIONS

This page provides general information on the exemption from overtime pay for employees in Household occupations

“Household occupations” means all services related to the care of persons or maintenance of the employer’s private household. Examples are:

• Butlers,
• Caretakers
• Chauffeurs
• Companions
• Cooks
• Day workers
• Gardeners
• Graduate nurses
• House cleaners
• Housekeepers
• Maids
• Practical nurses
• Tutors
• Valets
• Drivers
• Nannies
• Yard workers

The requirements for wages, hours and working conditions depend on whether the Household Worker is a personal attendant.

Personal Attendant-

A personal attendant is defined as:

“[A]ny person employed by a private householder . . . to supervise, feed, or dress a child or 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.

• Live-in or Live-out Personal attendants who are employed by private householders or by a third party employer as recognized in the health care industry to work in a private household, fall under Wage Order 15. A personal attendant who falls under Wage Order 15 is not entitled to Overtime or meal and rest periods. They are, however, entitled to Minimum wage.
• Personal attendants who are employed in non-profit organizations fall under Wage Order 5 (Wage Order 5 covers the "public housekeeping" industry and includes home health aides) and are entitled to overtime for all hours over 40 in a week or any hour worked on the seventh day. Hospitals and temporary help firms can utilize this exemption.
• Non-Personal Attendants or Personal Attendants who spends more that 20 percent of their time other than feeding, dressing and supervising are entitled to overtime. Non-Personal Attendant duties include cleaning, cooking or doing other domestic work or doing nurse-like duties. Any worker who regularly gives medication or takes temperatures, pulse or respiratory rates is not a personal attendant, but rather some classification of nurse, licensed or unlicensed. (Click here for Healthcare Industry)
• A personal attendant who is under the age of 18 and is employed as babysitter for a minor child of the employer in the employer's home is not entitled to minimum wage or overtime or meal and rest breaks.

All Other Household Workers or Non Personal Attendant- Whether you receive overtime depends on where you live.

• Live-out workers who spend 20% or more time besides feeding, dressing and supervising are entitled to overtime for every hour worked over 8 in a workday and over 40 hours in a workweek.
• Live-in workers who spend 20% or more time besides feeding, dressing and supervising are usually entitled to have 12 consecutive hours off in a day. In addition, during the 12 hours that the employee is allowed to work, the employee must be provided with at least 3 hours off. Therefore, these workers are entitled to overtime for all hours worked over 45 hours per week or over 9 hours in a day. Also time worked in the first nine hours on the sixth and seventh day must be paid at overtime and work in excess of 9 hours on the 6th or 7th workday in the workweek must be paid at double time.

Not Live In	Minimum Wage? Yes	Overtime? Yes
Live In	Minimum Wage? Yes	Overtime? Depends- See below

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DID YOU KNOW:

Your employer can deduct meals and housing from your overtime wages but not from minimum wage.

For more information about Household occupations see Opinion Letters from the California Division of Labor Standards Enforcement,

If you are a household worker and are not paid overtime, please call our office at (310) 277-2323 or contact us online for a free consultation.

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