California nanny overtime rules
California nanny overtime rules
California overtime for household employees depends on the worker's duties and whether the employee lives in the home.
Classify the role before applying an overtime threshold, then verify current rules with California DIR guidance or a qualified payroll, tax, or employment professional.
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California overtime rules depend on the job
A nanny's overtime treatment can change based on the duties performed, whether the employee lives in the home, and the applicable wage order. Do not apply one threshold to every household role.
Personal attendants
Care-focused roles may fall under California's personal attendant rules. Regular duties beyond incidental household work can change the classification and the overtime calculation.
Other live-out domestic workers
Household employees who do not meet the personal attendant definition may follow California's standard daily and weekly overtime rules. Duties matter as much as the job title.
Live-in domestic workers
Live-in status does not automatically make a household employee exempt. California has separate rules for live-in domestic workers, including schedule, rest, and overtime requirements.
Before setting the schedule
Write down the actual duties, live-in or live-out status, daily schedule, weekly schedule, and regular rate of pay. Ask a household payroll provider or qualified professional to confirm the classification before payroll begins.
Primary sources: California DIR Domestic Worker Bill of Rights FAQ, Wage Order 15, and the California overtime FAQ.
Build the real cost before making an offer
Overtime is only one part of legal household employment. The regular rate, payroll taxes, workers' compensation, paid sick leave, reimbursements, and the written work agreement can all affect the final budget.
Use the California household employer setup checklist, review nanny payroll and tax options, and put the final schedule and duties into a written agreement before the employee starts.
This page provides general information, not legal, tax, or payroll advice. Rules can change and individual facts matter. Verify the current requirements with California DIR guidance and a qualified professional.