If you work as a caregiver, nanny, housekeeper, or certain other domestic worker in California, you have important legal protections under state law. Understanding these rights is crucial whether you're caring for children, the elderly, the infirm, or taking care of a household. This blog post will focus on live-in workers and personal attendants. 

Who Is Considered a Domestic Worker?

California law defines domestic work as services related to caring for people in private homes or maintaining private households. This may include non-live-in worker, such as a nanny who watches children during the day, or live-in workers, i.e. people who live with their employer such as a caretaker. 

Live-In Worker Protections

If you live in your employer's home, you still are entitled to certain protections such as the following, for workers who not personal attendants:

• You are entitled to least 12 consecutive hours free from duty each workday
• Three hours of free time during your 12-hour work span if your work day exceeds 12 hours
• Overtime for work performed during off-schedule hour
• At least one day (24 hours) off every 5 days worked, except in an emergency
• Overtime for working over 5 days per week

Special Overtime Requirements for Personal Attendants

Personal attendants (essentially workers who spend at least 80% of their time caring for others) have specific overtime requirements:

• Overtime pay (1.5x regular rate) for working more than 9 hours in a day
• Overtime pay for working more than 45 hours in a week

Additional Protections for Live-In Workers

If you live at your workplace, your employer:

• Cannot charge, offset your pay, or otherwise credit themselves as having paid you more than the authorized amounts for meals and lodging
• Must provide adequate, decent, and sanitary living accommodations
• Cannot require you to share a bed
• Must give you reasonable privacy and comfort

Some Exceptions

Some workers may be exempt from certain protections, such as:

• IHSS (In-Home Supportive Services) workers
• Close family members of the employer (parents, spouse, children)
• Casual babysitters under 18
• Workers in licensed healthcare facilities

Keep Your Own Records

It is important to keep your own records in case a dispute ever arises, including:

• Your start and end times each day
• Meal breaks taken
• Total hours worked each week
• Wages received
• Any agreements about schedules or living arrangements

What To Do If Your Rights Are Violated

If your employer isn't following the law:

1. Document everything in writing
2. Keep copies of all work-related records
3. Note specific dates and times of violations
4. Consider discussing the issue with your employer if you feel safe doing so
5. Seek legal assistance if needed

Getting Help

If you believe your rights have been violated, you don't have to face it alone. Our employment law team may be able to help you.The work you do is valuable and essential. You deserve to be treated fairly and paid properly under the law. Contact our office today for a confidential consultation about your rights as a domestic worker.