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New California Overtime Requirements for Domestic Workers

On September 26, 2013 Governor Brown signed legislation that will require overtime pay for domestic workers in California. The law, which takes effect January 1, 2014 and will continue for at least three years, provides that domestic workers be paid at least one and a half times their hourly rate if they work more than nine hours in a day or more than forty-five hours in a week.

Domestic workers include childcare providers, caregivers, house cleaners, housekeepers, maids, nannies, and other household occupations. Not included in the new law are casual babysitters for a minor child whose employment is irregular or intermittent and not performed by an individual whose vocation is babysitting.

Employers will also need to insure that they are complying with all timekeeping and record keeping requirements, including maintaining accurate time records of hours worked and overtime incurred.

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This Bulletin is made available for educational purposes and to provide general information on current legal topics, not to provide specific legal advice. The publication of this Bulletin does not create any attorney client relationship, and this Bulletin should not be used as a substitute for competent legal advice from a licensed professional attorney.

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