Like many women in California, you may work in or around a private home, cleaning, gardening, taking care of children or cooking. You are entitled to many of the same basic rights as other workers, even if you do not have a written contract or you are an undocumented worker. Remember the law is sometimes different for live-in workers than for non-live-in workers. Also, laws change, so contact one of the organizations listed in the Resources section to get the most updated information.

***SPECIAL CONCERNS OF UNDOCUMENTED WORKERS***

If you are an undocumented worker, you may feel that you do not have any rights. Although the law is subject to change, you should be covered by wage and hour, workers’ compensation, sexual harassment and other nondiscrimination laws.

If you are an undocumented worker, you may fear that if you complain to a government agency that addresses workers’ issues, it will turn your name and address over to immigration officials. You should know that if you do file a formal complaint with a government agency, you do not have to reveal your immigration status. However, it is possible that your status may be revealed through investigation of your claim and shared with immigration officials. You should contact ERA or one of the organizations listed in the Resources section of this brochure before filing a complaint.

Rights of Housekeepers, Gardeners, Cooks

Wages

If you work in California as a housekeeper, gardener or cook for a family or an individual on either a daily or live-in basis, you must be paid at least $5.75 per hour.

If you are a live-in worker, your employer cannot charge you for food and housing without a voluntary written agreement. Even then, your employer is limited by law on how much he or she can charge you.

Overtime

In California, if your employer requires that you work extra hours, you may be entitled to “overtime” pay, which is one and a half times your regular pay.

Non-live-ins: There are three situations in which non-live-in household workers are entitled to overtime pay:

1. If you work more than eight hours on any workday.
2. If you work more than forty hours per workweek.
3. If you work on the seventh day of the workweek.

In addition, you must receive double time, which is twice your normal rate of pay, if you work more than eight hours on the seventh day of the workweek. For example, if you have already worked six days in a workweek, and on the seventh day that you are working, your employer wants you to work more than eight hours, your employer must pay you twice your regular rate for those additional hours.

Live-ins: There are three situations in which live-in household workers in California are entitled to overtime pay:

1. If you work more than nine hours on any workday.
2. If you work on the sixth or seventh workday.
3. Live-ins must be given at least 12 consecutive off-duty hours on any workday. If you work during this off-duty period, you are entitled to overtime pay.

In addition, you must receive double time, which is twice your normal rate of pay, if you work more than nine hours on the sixth or seventh day of the workweek.

For both non-live-in and live-in workers, you cannot receive overtime pay:

1. If you worked 30 hours or less AND
2. The total hours of employment in any one workday was six hours or less.
   

Rights of Childcare and Eldercare Givers

Wages

If you are a childcare or eldercare worker and you spend more than 20% of your time doing other housework, you are entitled to the same wage protections to which housekeepers, gardeners and cooks are entitled. For instance, you must be paid at least $5.75 per hour.

If you take care of children on a regular basis but you do not spend more than 20% of your time doing other housework, you must be paid the federal minimum wage ($5.15). You are not entitled to the California minimum wage.

If you are a live-in, regular babysitter but you do not spend more than 20% of your time doing other housework, your employer can credit the reasonable cost of the meals and housing against your wages, as long as you agree. If the employer does not have records to show the fair or actual cost of the meals and housing, your employer is restricted in the amount he or she can charge you for your meals.

If you are a “casual babysitter” or care for an elderly person, but do not spend more than 20% of your time doing other housework, you are not entitled to either the California or federal minimum wage.

Overtime

Live-Ins: If you are a live-in childcare or eldercare worker and you do not spend more than 20% of your time doing other housework, you are not entitled to receive any overtime wages.

Non-Live-Ins: If you are a childcare worker, do not spend more than 20% of your time doing other housework, and you do not live in the house of your employer, you must receive overtime for any hours that you work over 40 hours in a week. Overtime is one and a half times your regular wage.

If you are a “casual babysitter” or care for an elderly person, and you do not spend more than 20% of your time doing housework, you are not entitled to overtime wages.

Rights of All Private Household Workers 

Rest and Meal Periods 

For every five hours that household workers covered by California wage laws work, you are entitled to a thirty-minute meal period where you are relieved of all duty. You will not be paid for your meal period unless you are still “on duty” and you sign a written agreement to “on duty” meal periods. For every four hours that you work, you are entitled to a ten-minute rest period. Your employer is required to pay you for your rest period.

Property Damage

If you are being careful but accidentally break or damage something while working, your employer cannot deduct the cost of repairing or replacing it from your wages.

Sexual Harassment 

In California, all employees are protected from sexual harassment, regardless of whether the employer is large or small. You have the right to work in a household and not be subjected to unwanted sexual advances, touching, comments or other behavior of a sexual nature that makes you uncomfortable.

Injuries on the Job

Often household workers, including childcare and eldercare workers, hurt themselves while working. Injuries from falls, back strains caused by heavy lifting, severe burns from cooking or allergies and/or respiratory problems caused by cleaning products are common concerns of many household workers.

If you are injured at work, or become ill because of your job, you might be entitled to compensation for your medical bills and lost wages. If you worked for 52 or more hours or earned $100 or more during the 90 days before the injury or exposure to the injury, you may be eligible for Workers’ Compensation. However, some employers don’t have insurance. Although you cannot receive Worker’s Compensation if your employer is not insured, you may be able to sue your employer in court. Certain employees are also eligible for workers’ compensation through a special fund. Currently, undocumented workers’ eligibility for this fund is uncertain.

What You Can Do

Good record keeping is often the most important way to protect your rights as a worker. Before problems arise, you should always record: your employer’s name, address and telephone number; agreed upon rate of pay; dates and hours worked; and payment received.

If a problem does occur, you should get information about your rights and talk to your employer. If your employer doesn’t follow the law, you can file a complaint with the California Labor Commissioner. Or, you may file a claim with the small claims court. It is against the law for your employer to fire you or otherwise retaliate against you for making a complaint.

If you are injured on the job, tell your employer and seek medical attention immediately. If you are covered by workers’ compensation, call the Department of Industrial Relations’ Division of Workers’ Compensation in your area (see Resources section).

If you are being sexually harassed, you should let your employer know, unless you believe that doing so would make matters worse. Keep a record of all incidents of sexual harassment. Tell your employer you want the offensive behavior to stop. You can also file a complaint with the California Department of Fair Employment and Housing (see Resources Section). 

You can call ERA’s Advice and Counseling Line at 1-800-839-4ERA or  other organizations listed in the Resource Section for assistance.

Resources

Government Listings

• Equal Employment Opportunity Commission (EEOC) 
  San Francisco
  901 Market Street, Suite 500
  San Francisco, CA 94103
  (415) 356-5100
  (Spanish, Cantonese, Mandarin and Tagalog Speaking Services Available)
  *Sexual Harassment Claims
  
• California Department of Fair Employment and Housing (DFEH)
  30 Van Ness Avenue, Suite 3000
  San Francisco, CA 94102
  (800) 884-1684
  (Spanish Speaking Services Available)
  *Sexual Harassment and Discrimination

California Department of Industrial Relations

• Division of Labor Standards Enforcement (DLSE)
  30 Van Ness Avenue, Room 3400
  San Francisco, CA 94102
  (415) 557-7878
  *Wage and Hour Claims
  
• California Department of Industrial Relations
  Division of Workers’ Compensation (DWC)
  30 Van Ness Avenue, Room 3700
  San Francisco, CA 94102
  (800) 736-7401
  *Workers’ Compensation Claims

Organizations

• Asian Law Caucus
  720 Market Street, Room 500
  San Francisco, CA 94102
  (415) 391-1655
  (Cantonese, Mandarin, and Vietnamese Speaking Services Available)
  *Wage and Hour Claims; Immigration Counseling; Workers’ Compensation; Unemployment
  
• CARECEN (Central American Resource Center)
  1245 Alabama St.
  San Francisco, CA 94110
  (415) 824-2330
  (Spanish Speaking Services Available)
  *Immigration Counseling
  
• Coalition for Human Immigrant Rights of Los Angeles (CHIRLA)
  1521 Wilshire Boulevard
  Los Angeles, CA 90017
  (888) 624-4752 (toll-free in Southern California)
  (213) 353-1333
  (Spanish and Russian Services Available)
  
• Employment Law Center
  Legal Aid Society of San Francisco
  1663 Mission Street, 4th Floor
  San Francisco, CA 94103
  (415) 864-8848
  Workers’ Rights Clinic—San Francisco, East Bay, South Bay
  (415) 864-8208
  *Wage and Hour Claims; Workers’ Compensation; Unemployment Benefits
  
• Instituto Laboral de la Raza
  2947 16th Street
  San Francisco, CA 94103
  (415) 431-7522
  (Spanish Services Available)
  *Wage and Hour Claims; Worker’s Compensation; Unemployment; Social Security Tax
  
• La Raza Centro Legal
  474 Valencia Street, Suite 295
  San Francisco, CA 94103
  (415) 575-3500
  (Spanish Services Available)
  *Wage and Hour Claims; Immigration Counseling

*Type of issues the resource handle 

Disclaimer:
The materials contained on this web site have been prepared by Equal Rights Advocates, Inc. for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.