The Domestic Worker Bill of Rights (California Assembly Bill 241 and Senate Bill 1015), enacted in 2013, is a California law that grants overtime pay rights to personal attendants who were not previously entitled to overtime pay under California law. Personal attendants covered by this law are entitled to overtime pay at 1.5 times their regular rate of pay for any hours worked in excess of nine hours in a day or 45 hours in a week.
Which Employers Are Covered?
The Domestic Worker Bill of Rights defines a “domestic work employer” as any person, including corporate officers and executives, who directly or through an agent (such as temp services or staffing agencies) employs or controls the wages, hours, and working conditions of domestic workers. However, certain employers are excluded from this law. Excluded employers include domestic worker registry or referral agencies that satisfy specific requirements under the Civil Code and Unemployment Insurance Code.
Who is Considered a Domestic Worker?
Under the law, a domestic worker is defined as someone who provides services related to the care of people in the home or maintains private households or their premises. This includes nannies, childcare providers, caregivers, personal attendants, housekeepers, cooks, and other household workers.
Who is a Personal Attendant?
A personal attendant is someone employed by a private household or any third-party employer recognized in the healthcare industry to work in a private household. The duties of a personal attendant include supervising, feeding, and dressing a child or person who needs assistance due to advanced age, physical disability, or mental deficiency. If a domestic worker spends more than 20 percent of their time performing work other than supervising, feeding, and dressing a child or person who needs supervision, they are not considered a personal attendant.
Overtime Protections for Personal Attendants
Personal attendants are entitled to overtime pay for any hours worked over nine hours per day or over 45 hours per week. However, there are certain exclusions. For example, family members (parents, grandparents, spouses, siblings, or children of the employer), individuals under the age of 18 employed as babysitters, and casual babysitters – those who babysit on an irregular or intermittent basis – are not covered by this law.
