Your rights as a house cleaner, nanny or caregiver in a private home

This page is general information, not legal advice. It covers people hired by a family to work in a private home. If you work through an app, see Your rights as a rideshare, delivery or gig worker. If you are not sure whether you are an employee, see Am I an employee or an independent contractor?

Your work matters. Families trust you with their children, their parents and their homes. The law says that work must be paid fairly.

Do these rights apply to me?

Yes, if a family pays you to work in their home in California. That includes:

• House cleaners and housekeepers
• Nannies and babysitters
• Caregivers for older adults or people with disabilities
• Cooks, gardeners and others who work for a household

Your immigration status does not matter. California's labor laws protect all workers, whatever their status. Being paid in cash does not change that either.

A few people are left out of some rules:

• A parent, grandparent, spouse, brother or sister, or child of the family who hires you
• A babysitter under 18 caring for a child
• A babysitter who only works now and then, not on a regular schedule

These people are left out of the special overtime rules for personal attendants. A babysitter under 18, and the employer's own parent, spouse or child, are also left out of the minimum wage rule.

How much must I be paid?

At least the minimum wage for every hour you work.

• California: $16.90 an hour in 2026. It goes up to $17.40 on January 1, 2027.
• Your city may be higher. East Palo Alto is $17.90 in 2026, and many Bay Area cities have their own higher rate. Whether a city rate covers work in a private home depends on that city's own rules. East Palo Alto's page, for example, covers employers that pay the city business license tax or keep a facility in the city, and workers who work at least 2 hours a week there (City of East Palo Alto). It does not mention household workers. Ask the city, or call the San Mateo County Labor Advice Hotline below, before you count on a city rate. Where a rate does apply, your employer must pay the highest one. See Minimum wage in California and Bay Area cities.

Every hour you work counts toward that minimum, whatever the task.

Room and food. A family can count a set amount for meals or a room toward your pay only if you both agreed in writing before you started. Without a written agreement, they cannot take it out of your pay.

When do I get overtime?

It depends on what most of your work is.

If you mostly care for someone (a "personal attendant"). This means you spend most of your time supervising, feeding or dressing a child or a person who needs help because of age or a disability. If more than 20 percent of your time goes to other work, like heavy cleaning or cooking for the whole family, different rules apply. Personal attendants get time and a half for:

• Hours over 9 in a day, or
• Hours over 45 in a week

If you mostly clean, cook or do other housework. You follow the state's household work rules (called Wage Order 15). If you do not live in the home, overtime generally starts after 8 hours in a day or 40 hours in a week, like most California workers. Over 12 hours in a day is double time, and the seventh day in a row has its own extra pay rules (Wage Order 15, section 3). If you live in the home, see the next section.

Not sure which group you are in? Write down what you do in a normal week and how long each task takes. A clinic can help you sort it out.

What if I live where I work?

Live in workers who are not personal attendants have special rules under Wage Order 15, section 3:

• At least 12 hours in a row off in each 24 hour workday.
• At least 3 hours off during the 12 hour span of work. They do not have to be in a row; you and the family agree on the schedule.
• Time and a half for any work during those off hours.
• No more than 5 workdays a week without a 24 hour day off, except in an emergency. Work on the sixth or seventh day is paid at time and a half for the first 9 hours and double time after 9.

An example (made up). Rosa lives in and cleans and cooks for a family. One Saturday, her sixth workday that week, she works 10 hours. Her first 9 hours that day are paid at time and a half, and the tenth hour at double time.

Live in work can blur into "always on call." Keep a log of when you start, when you stop, and when you are woken up or called to help at night.

Do I get paid sick days and breaks?

Paid sick days. Yes. Household workers are covered by California's paid sick leave law. After 30 days of work for the same family within a year, you earn sick time. Your employer must let you use at least 5 days or 40 hours a year. Use it when you or a family member is sick, or for safety reasons. See Paid sick days in California.

Meal and rest breaks. If you mostly clean, cook or do housework, Wage Order 15 gives you a 30 minute meal break for a work period over 5 hours, a second one over 10 hours, and a 10 minute paid rest break for every 4 hours of work or major part of 4 hours. If the family does not give a break, it owes you one extra hour of pay for that day. These break sections do not cover personal attendants, so if you mostly do care work, ask a clinic what applies to you (Wage Order 15, sections 1, 11 and 12). See Your meal and rest breaks in California for the general rules.

What if I get hurt or the work is unsafe?

If you get hurt, tell the family right away and get medical care. Workers' compensation can pay for medical care and some lost pay, whatever your immigration status. California law says a personal liability policy, the kind that comes with most homeowner's and renter's insurance, must include workers' compensation for household employees who meet the law's definition, unless other workers' compensation insurance covers the injury (Insurance Code 11590). Ask the family to call its insurer. Who counts as a covered household employee depends on how much you worked for them, so ask a clinic if the claim is denied. See Hurt at work? How to get workers comp, with or without papers.

If the work is unsafe, for example strong cleaning chemicals with no gloves or air, lifting a person with no help, or extreme heat, you can speak up. Be clear about what the law covers. Since July 1, 2025, California's workplace safety law (SB 1350) covers domestic workers employed by a business, such as a cleaning company or home care agency. It does not cover a family that hires you directly for housecleaning, cooking or caregiving, and it does not cover IHSS work (Cal/OSHA FAQ). If you work for a family directly, talk to a clinic about what protects you. See How to report unsafe conditions at work and Heat at work.

What if I am paid through IHSS?

In Home Supportive Services (IHSS) is a public program that pays caregivers for some older or disabled people. The personal attendant overtime rule on this page does not apply to IHSS clients as employers. Ask your county IHSS office or your union how your pay and hours work. You do have paid sick leave rights as an IHSS provider.

What if my employer does not pay or treats me badly?

1. Write it down. Dates, hours, pay received, and what was said. Save texts and payment app screenshots.
2. Ask in writing if you feel safe doing it: "I worked 50 hours last week. Can we talk about overtime?"
3. Get free advice. Call Legal Aid at Work or another clinic below.
4. File a wage claim with the Labor Commissioner if you are owed pay. You do not need a lawyer. Most unpaid wages reach back 3 years. See How to file a wage claim.
5. If you were fired or threatened after you asked for your pay or used a right, file a retaliation complaint, usually within 1 year. Threatening to call immigration to punish you is illegal retaliation in California. See What to do if your boss threatens to call immigration.

When the job ends, your final pay is due right away if you are let go. If you quit, it is due on your last day if you gave 72 hours' notice, or within 72 hours if you did not. Late final pay can earn you a penalty of up to 30 days of pay. See Your final paycheck.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Workers' Rights Clinic: free and confidential help for people within its income limits, or age 60 and over, in Spanish, Mandarin, Cantonese and many other languages. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic
• California Labor Commissioner: wage claims and retaliation complaints, with phone interpreters. 833-526-4636. How to file a wage claim
• San Mateo County Office of Labor Standards and Enforcement: minimum wage questions for unincorporated San Mateo County, Belmont, Burlingame, Foster City, Half Moon Bay, Menlo Park, Redwood City and San Mateo. Free, confidential Labor Advice Hotline: 1-866-870-7725. Office of Labor Standards and Enforcement
• More options: Free help with a work problem in the Bay Area.

Questions people ask

I am paid in cash with no pay stub. Do I still have rights? Yes. Cash work is still work. Keep your own log of hours and pay. Your notes count as evidence.

The family says I am "like family," so the rules do not apply. Is that true? No. Only real relatives of the employer, like a parent, child, spouse or sibling, are left out of some rules. Being close to the family does not change your rights.

Can they take the cost of my room out of my pay? Only if you both made a voluntary written agreement before you started. The law also limits how much can be counted.

Will the Labor Commissioner ask about my papers? No. The Labor Commissioner says it does not ask about immigration status.

I work for several families. Who pays overtime? Each family that hires you is your employer and owes you at least the minimum wage. Ask a clinic how overtime works for your mix of jobs.

Is there something I can print?

You deserve fair pay and respect for the work you do, and the same care you give.