If you have ever considered hiring a domestic employee, whether that be a live-in nanny, housekeeper or chef, I am sure you have had a few questions. The Labor Laws that apply to the domestic arena are pretty similar to the ‘typical’ employment situation and the people working in private homes deserve the same rights as someone working in a large corporation.
No!! Domestics in the state of California are NOT Independent Contractors, they are, in fact, W2 employees.
Yes! Domestic employees must make at least minimum wage for all hours worked. In California, the minimum wage is currently $9.00/hour.
Yes!! The rules for overtime do apply to Domestic employees in the state of California. If your employee works more than an 8 hours shift they are required to be paid 1.5 times their wage (ex: Katie worked 11 hours at $10.00/hr. She would receive 8 hours at $10.00/hr = $80.00 and 3 hours at 1.5 x $10.00 = $15.00 x 3 = $45.00. So this situation would equal a total of $125.00 for her day). This however, does NOT apply to live-in domestics.
I hope this answered a few common questions we are frequently asked here at Seaside Staffing 🙂 Feel free to visit the U.S. Department of Labor for more information!