California’s Domestic Worker’s Bill of Rights

The Domestic Worker’s Bill of Rights (“DWBR”), which created California Labor Code Sections 1450 to 1454, modified the “personal attendant” exemption in Wage Order 15 (household occupations). Since its adoption, Wage Order 15 exempted personal attendants from California’s overtime rules.  The new California law requires that “domestic workers” who spend a significant amount of time caring for children, elderly or people with disabilities receive overtime pay of time-and-a-half their regular rate of pay after working nine hours a day, and after working 45 hours in a week. (Workers who spend more than 20% of their workweek on non-caretaking duties like general housekeeping, and other domestic workers such as housecleaners, already had the right to overtime.) This bill, however, does not include employees whose wages are paid by certain state or county programs (e.g., In Home Support Services). If the person providing the services is the “parent, grandparent, spouse, sibling, child, or legally adopted child of the domestic employer,” the employee is also exempt from the overtime requirements of the DWBR.

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CERTIFICATION

The Alameda County Bar Association has been approved by the State Bar of California as a continuing legal education provider. This self-study activity qualifies for MCLE credit in the amount of one hour of general MCLE credit. ACBA PN#297.