Photo of a blank bi-weekly paycheck on a wooden table beside a round analog clock showing 9:10, a pair of yellow cleaning gloves, a beige towel, and a small spray bottle—symbolizing domestic work and overtime pay.

If you work as a nanny, caregiver, housekeeper, or other domestic worker in California, you may be entitled to overtime pay that you’re not receiving.

Who Is Protected Under the Domestic Worker Bill of Rights?

California’s Domestic Worker Bill of Rights covers personal attendants who perform “domestic work,” which includes services related to caring for people in private households or maintaining private households. This encompasses:

  • Nannies and babysitters (with some exceptions for casual, irregular work)
  • Caregivers for elderly, disabled, sick, or convalescing individuals

The law applies to both live-in and live-out domestic workers.

Overtime Rights for Personal Attendants

In California, personal attendants have specific overtime protections that recognize the unique nature of their work. If you’re a personal attendant, your employer must pay you overtime at one and a half times your regular rate of pay for:

  • More than 9 hours worked in any single day
  • More than 45 hours worked in any week

This is different from the typical California overtime rules (which require overtime after 8 hours daily or 40 hours weekly) because personal attendants often work longer shifts and may live with the families they serve. But many personal attendants may also be entitled to overtime after only 40 hours in a week based on federal law.

However, not all domestic workers are covered by these rules and certain exclusions apply.

What This Means for Your Paycheck

If you are not receiving proper overtime pay, you may be owed significant back wages. California’s wage and hour laws are strict, and employers who fail to pay required overtime can face substantial penalties.

Indications That You May Have a Wage Claim

Watch out for these warning signs that your employer may be violating your overtime rights:

  • Being paid a flat daily or weekly rate regardless of hours worked
  • Not receiving time-and-a-half pay for long days or weeks
  • Being told flat out that you “don’t get overtime”
  • Pressure to work “off the books” without proper wage records
  • Misclassification as an “independent contractor.” Receiving a 1099 or taxes not being withheld from your paychecks could indicate this misclassification.

Your Rights Are Protected by Law

California law strictly prohibits retaliation against workers who assert their wage and hour rights. Your employer cannot fire you, reduce your hours, or otherwise punish you for asking to be paid overtime pay you believe you are owed or filing a wage claim.

Taking Action to Recover Unpaid Wages

If you believe you’re owed overtime pay, you may have legal options to recover what you’re owed. California’s wage and hour laws provide for recovery of unpaid wages, plus additional penalties and attorney’s fees in many cases. Time limits apply to wage claims, so it’s important to act promptly if you suspect violations.

If you’re a domestic worker who believes you’re not receiving proper overtime pay, consulting with an experienced wage and hour attorney can help you understand your rights and potential options for recovery. Many attorneys take these types of cases on contingency with no upfront, out-of-pocket costs to you as the client. If you think your rights are be being violated, don’t hesitate and contact an attorney soon.


This blog post provides general information about the law. It is not and should not be considered legal advice. Individual circumstances vary, and wage and hour law can be complex. Please consult an attorney about your particular situation.