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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years 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.