Overtime Expanded for Domestic Workers

By December 20, 2013Articles

Beginning January 1, 2014, the Domestic Worker’s Bill of Rights (DWBR) will greatly expand nannies, caregivers, and personal attendant’s rights to overtime compensation for engaging in domestic work. “Domestic work” includes services which relate to the care of persons in private households, or maintenance of private households. This includes childcare givers, persons who attend to the sick, disabled, elderly, and convalescent, in addition to maids and other persons who care for the home and surrounding premises.

The DWBR now states that a domestic employee shall not work more than 9 hours in one workday or more than 45 hours in any workweek, unless the employee receives 1.5 times their regular rate of pay for all hours worked over 9 hours in a single day, or more than 45 hours in a week. This new law does not apply to boarding care facilities, baby sitters under 18, and caregivers who attend to close family members.

Governor Jerry Brown will monitor the effects the new law has on employers and domestic workers and will review reports provided by committee members regarding its effects. The DWBR will expire January 1, 2017, unless extended by additional law and signed by the Governor.

The DWBR creates a significant opportunity for future wage and hour litigation, therefore persons who employ domestic workers should be careful to properly account for and pay their workers according to the new Statute.

For more information or to read the Statute, click here:
Assembly Bill No. 241