DOMESTIC WORKERS WHO WORK IN THE HOME
Domestic workers are entitled to overtime pay, however, domestic workers have their own special overtime rules depending on their duties and where they work.
Domestic workers are individual who work in private households or any third-party employer recognized in the health care industry to work in a private household, such as a temporary service, staffing agency, or other similar agency.
Domestic workers include butlers, nannies, childcare providers, caregivers and personal attendants, house cleaners, housekeepers, maids, cooks, and other household workers.
A domestic worker who works in a private home is either a personal attendant or a non-personal attendant.
PERSONAL ATTENDANT
NON – PERSONAL ATTENDANT
APPLICABLE WAGE ORDER
The Domestic Worker Bill Of Rights (DWBR)/ California Labor Code Section 1454
IWC Wage Order 15 Household Occupations
WHO DOES THIS APPLY TO
To be classified as a “personal attendant,” under California Labor Code section 1451(d) and the Wage Order, the individual must meet three elements
[ ELEMENT NUMBER 1 ]: The individual must be employed by a private householder or by any third – party employer recognized in the health care industry to work in a private household.
[ ELEMENT NUMBER 2 ]: The individual’s duties must be to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision.
Personal attendant duties include feeding, bathing, dressing, and direct supervision of any person under care. It does not include general housekeeping dutie
Non – attendant duties include making beds, housecleaning, cooking, laundry, or other duties related to the maintenance of a private household or the premises.
A personal attendant may provide Non – attendant duties or “incidental” housekeeping services such as laundry, bed – making, cooking and cleaning, so long as the “incidental duties do not exceed 20 percent of their time
[ ELEMENT NUMBER 3 ]: The individual’s non – attendant duties cannot exceed 20 percent of the total weekly hours
If more than 20 percent of the employee’s time is spent performing “non – attendant” duties, the person is not a personal attendant (i.e. he or she is a caregiver)
These are employees who do not meet the definition of “personal atten dant”. They include:
- Caregivers
- Butlers
- Nannies
- Childcare Providers
- Housekeepers
- Cooks
- Other Household Workers.
Non – personal attendants can either be Live in or non – live in.
DEFINITION OF “HOURS WORKED”
“ Hours worked ” means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.
“ Hours worked ” means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.
What are the special Overtime Rules
The personal attendant is entitled to Overtime pay for all hours worked over nine (9) in a day and/or forty – five (45) hours in a workweek.
Live-In
The individual is entitled to Overtime pay for hours worked over nine (9) in a day and for the first nine (9) hours worked on the sixth & seventh consecutive day and all hours worked over 45 hours in a week.
The individual is entitled to Double time pay for the hours worked in excess of nine (9) hours worked on the sixth and seventh consecutive day.
Non-Live In
The individual is entitled to Overtime pay for hours worked over eight (8) in a day or 40 regular hours in aworkwee
The individual is entitled to Overtime pay for the first eight (8) hours on the seventh consecutive day of the workweek
The individual is entitled to Double time pay for hours worked over 12 in a da
The individual is entitled to Double time pay for hours worked over eight (8) on the seventh consecutive day of the workweek.
SLEEP TIME
Sleep time is counted as hours worked if the employee is on -call.
Sleep time is counted as hours worked if the employee is on – call.
ARE THEY ENTITLED TO OFF – DUTY HOURS
There is no rule requiring off – duty hours. The employee must be paid for all hours worked, including time the employee is on – call
Live-In
Live – ins must have twelve (12) consecutive hours off in a twenty – four (24) hour workday, or be paid overtime for work during this period
The employee must have 24 consecutive hours off for every 5 days worked (except in an emergency), or be paid overtime for work during this period.
Live – ins must have three (3) hours of off – duty breaks (may be non consecutive) in a twelve (12) hour span of work, or be paid overtime for work during this period
Non-Live In
There is no rule requiring off – duty hours. The employee must be paid for all hours worked, including time the employee is on – call.
ARE THEY ENTITLED TO MEAL AND REST BREAKS
Yes
Yes
Yes
WHAT IS THE LABOR COMMISSIONER’S OPINION
Description
DLSE Opinion. Letter No.
Exemption: Personal attendant (Order 15)
1994.02.03-2
Personal attendant: “Other significant work”
1994.10.03-2
Personal Attendant definition: Scope of Duties – IWC Order 15
2005.11.23
Personal attendants vs. practical nurses, intrusive care
1997.10.21-1
CONTACT A LOS ANGELES UNPAID OVERTIME WAGES LAWYER
The Law Offices of Morris Nazarian provides representation to employees seeking the payment of overtime wages, minimum wages, missed meal and rest breaks, vacation wages, deductions from wages, severance pay, misclassification, independent contractor cases and other unpaid wages or commissions. We also handle harassment and discrimination claims.
If you have been denied lawful wages in the workplace, it is important that you speak to a knowledgeable Los Angeles labor law attorney who understands California Labor laws. Los Angeles attorney Morris Nazarian has successfully represented domestic workers who have been denied proper wages. Please contact Los Angeles Employment Attorney Morris Nazarian by calling (310) 284-7333 to make an appointment for a free initial consultation or please fill out the Employment Law Case Evaluation Form and Los Angeles Employment lawyer will call or email you as soon as possible.
If the violation is company-wide, you and your co-workers may be entitled to bring a class action lawsuit against the employer.
