How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111530
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your California Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am a California employer providing residential care to

Customer Question

I am a California employer providing residential care to developmentally disabled individuals who are Regional Center clients. There is a question regarding classification under Domestic Worker/personal attendant and Public Housekeeping Industry. Less than 20% of the work is domestic, and the primary duties are supervising consumers with mental deficiencies.
What is the law regarding overtime pay. Previously I thought it was over 12 hours a day if working with regional center clients, I was told this changed in 2015.
If Domestic Worker/Personal Attendant are the overtime rates payable after 9 hours or 8 hours. Will you please cite the regulation and and the old regulation for 2014,at over 12 hours you get overtime. Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under CA Labor Code 1454:

A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek.

So it is now 9 hours before overtime rate must be paid.

Related California Employment Law Questions