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Overtime Pay for Nannies and Maids

 

Paying Nannies - Sobul Primes & Schenkel - CPA Los AngelesDomestic Workers Bill of Rights went into effect on January 1

If you employ nannies, maids, or personal attendants, then you need to know that they are now entitled to time and-a-half overtime if they work more than nine hours a day or 45 hours a week. And, by the way, if they are paid minimum wage, that will be going up to $9 an hour beginning July 2014 (and $10
an hour beginning January 2016).

As with everything, there are loopholes and exceptions. For example, this does not apply to babysitters under the age of 18 who take care of little Johnny when you go out for “date night.” Plus, certain types of personal  attendants are also exempt.

Although this law went into effect on January 1, 2014, it will expire January 1, 2017, unless renewed by the California legislature. Whether or not it’s renewed depends on the study the governor is ordering to investigate the impact of the bill.

If an employer does not pay the appropriate wages (or provide mandated rest and meal breaks), a domestic worker can sue or file a claim with the Labor Commissioner for up to four years of back wages and penalties.

Especially if you’re planning to run for office someday (or hope to be chosen as the U.S. Attorney General) it’s a good idea to avoid any “Nannygate” type embarrassments in the future by staying in compliance. If you have any questions, please give us a call.

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