Domestic Worker Bill of Rights
In 2013, California passed the Domestic Worker Bill of Rights, or AB 241, which gives domestic workers categorized as personal attendants the right to receive overtime pay. Under the Domestic Worker Bill of Rights, domestic workers who are personal attendants would receive an overtime pay of 1.5 times their regular wages if they work over nine (9) hours a day or over 45 hours a week.
Domestic workers are categorized as personal attendants if they spend more than 80 percent of their time on care-taking responsibilities, such as looking after children or caring for the sick or elderly, and are employed by a private householder or a third party company in the healthcare industry recognized to work for a private householder. Such jobs include nannies, childcare providers, caregivers, and housekeepers. (On the other hand, domestic workers who spend less than 20 percent of their time doing non-caretaking duties such as performing household chores, cleaning, cooking, or being chauffeurs, are not considered personal attendants, and would receive full overtime protections under the Industrial Welfare Commission (IWC) Wage Order.)
While domestic workers categorized as personal attendants are given protections under the IWC Wage Order in regards to minimum wage, meal/lodging deduction, and penalty requirements, they were not given protections in regards to overtime pay, which is what the Domestic Worker Bill of Rights provides.
Some domestic workers are excluded from the Domestic Worker Bill of Rights. These excluded workers include 1) workers employed through the In-Home Supportive Services (IHSS) or the Department of Developmental Services (DDS) programs; 2) casual babysitters who do not do child care for a living, 3) babysitters under 18 years old, and 4) close family members performing domestic work for their relatives. However, U.S. Department of Labor regulations still provide many of these excluded workers with federal minimum wage, overtime, and record-keeping protections under the Fair Labor Standards Act.
If your employer does not pay you all overtime for your domestic work, you can contact our office to file a lawsuit on your behalf.
For more information about the Domestic Worker Bill of Rights, visit the Domestic Worker Bill of Rights FAQ page.