Nannies, Caregivers, and Housekeepers: The Domestic Worker Bill of Rights

Household employment is real employment. Live-in or hourly, domestic workers have overtime rights most families and agencies ignore entirely.

What California Law Says

The Domestic Worker Bill of Rights, Labor Code section 1450 and following, gives personal attendants overtime at 1.5 times after 9 hours in a day or 45 in a week. Non-attendant household workers get standard daily overtime, and minimum wage applies to all hours under the employer’s control.

How to Fight Back, Step by Step

1. Classify your role: personal attendant versus general household worker changes the overtime trigger.
2. Log actual hours including night hours where you must remain and respond.
3. Calculate overtime at the correct trigger and rate.
4. Address the payment method — cash wages still require stubs and lawful withholding.
5. Demand and file; household employers often settle quickly once the exposure is itemized.

Common Questions

The family says I am an independent contractor babysitter. Am I?

A regular schedule in their home under their direction fails the contractor tests — nannies and caregivers are employees in nearly every arrangement.

I sleep at the client’s home. Which hours count?

Hours where you must remain on premises and subject to call are generally compensable; genuine agreed sleep periods have narrow carve-outs that many employers apply incorrectly.