California Domestic Workers Coalition

With the passage of the California Domestic Worker Bill of Rights, most domestic workers are now entitled to some form of overtime pay!

However there are exceptions, and your overtime pay depends on the type of domestic work that you do and whether you live-in or live-out of your employer’s home.

There are some exceptions…

Certain personal attendants are excluded from CA state overtime laws, including:

  • Casual babysitters and babysitters under the age of 18
  • The employer’s parent, grandparent, spouse, sibling, or child
  • Personal attendants working for IHSS recipients of paid through the Department of Developmental Services
  • Certain childcare providers working for families that get state childcare funds.

These workers may be entitled to federal overtime laws as long as they are NOT companions or live-in domestic workers hired directly by the household for whom the worker provides services (direct-hire).

How do I calculate my overtime?

Your overtime rights are different depending on the work you do:

Overtime Law Flowchart

Summary over Overtime Laws.

Both federal and state laws provide coverage to domestic workers. Together, these laws provide overtime coverage to all domestic workers in California except casual babysitters. Below is a combination of federal and state overtime laws that reflects the greatest worker protections

8/40/12 is for Live-Out Domestic Workers

Live-Out domestic workers who are NOT personal attendants are entitled to:

  • 1.5 X the regular rate of pay for:
    • All hours over 8 hours in a day,
    • All hours over 40 hours in a week, and
    • The first 8 hours on the 7th consecutive day in a week
  • 2 X the regular rate of pay for:
    • All hours over 12 hours in a day, and
    • Over 8 hours on the 7th consecutive day in a week.

9/40 is for MOST* Personal Attendants

If you are a personal attendant, you gained the right to 9/45 state overtime on January 1, 2014. The federal laws also changed on January 1, 2015, expanding the right to federal overtime (after 40 hours in a week) to personal attendants.

If you are a personal attendant, and you do not meet the restrictions described above (under exceptions), you are entitled to overtime at

  • 1.5 X regular rate of pay after 9 hours per day (as of January 1, 2014)
  • 1.5 X regular rate of pay after 45 hours in a week (between January 1, 2014 and January 1, 2015)
  • 1.5 X regular rate of pay after 40 hours in a week (as of January 1, 2015)

Personal attendants who provide services through In Home Support Services (IHSS) or Department of Developmental Services (DDS) or get funding through certain state childcare funding, and who are not companions or live-in workers hired by the household have the right to:

  • 1.5 X regular rate of pay after 40 hours in a week (as of January 1, 2015)

9/45 is for Personal Attendants Directly Hired by the Household and Are Live-In and/or Companions

If you are hired directly by the household as a live-in worker or companion and you are also considered a personal attendant, you are entitled to (as of January 1, 2014:)

  • 1.5 X regular rate of pay after 9 hours in a day
  • 1.5 x regular rate of pay after 45 hours in a week

9 Hours with 6th and 7th is for Live-In Domestic Workers Hired Directly by the Household

If you are a live-in employee, generally it means that you are staying at your employer’s residence, as a requirement of the job, for at least 5 or more days.

Live-in domestic workers who are hired directly by the household and are not personal attendants are entitled to:

  • 1.5 X regular rate of pay for work over 9 hours in a day
  • 1.5 X regular rate of pay for the first 9 hours on the 6th and 7th consecutive day
  • 2 X regular rate of pay for work over 9 hours on the 6th and 7th consecutive day

9/40 with 6th and 7th day is for Live-In Domestic Workers Hired by the Agency

Live-In domestic workers who are hired by an agency and are not personal attendants are entitled to:

  • 1.5 X regular rate of pay for work over 9 hours in a day and/or 40 hours in a week
  • 1.5 X regular rate of pay for the first 9 hours on the 6th and 7th consecutive day
  • 2 X regular rate of pay for work over 9 hours on the 6th and 7th consecutive day