California overtime rules for home care workers

In California, overtime is time-and-a-half after 40 hours in a workweek and, for some workers, after 8 hours in a day. The state minimum wage is $16.90 an hour, rising to $17.40 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. California's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.

What are California's overtime and minimum wage rules?

Adjusted annually by formula.

Does California law require overtime for agency caregivers?

Yes. California's Domestic Worker Bill of Rights covers personal attendants employed by "any third-party employer recognized in the health care industry": they get 1.5 times their regular rate after 9 hours in a day or 45 in a week (Labor Code 1451, 1454). Caregivers who spend more than 20% of their weekly hours on other work, such as cooking or housekeeping, are not personal attendants and get the usual 8-hour and 40-hour overtime, with double time after 12 hours.

Does California have special rules for home care workers?

Under the Domestic Worker Bill of Rights, personal attendants in a private household, including those employed by a third-party employer recognized in the health care industry, get 1.5x after 9 hours in a day or 45 hours in a week; licensed health care facilities and IHSS recipients are excluded employers. IHSS providers may work at most 66 hours per workweek across two or more recipients, with limited exemptions.