by Cathleen S. Yonahara
A new California law taking effect January 1, 2014, grants overtime pay for at least the next three years to domestic workers who are personal attendants.
Under old state law, “personal attendants” are exempt from statutory overtime and meal and rest break provisions, but they are not exempt from minimum wage requirements.
A personal attendant is defined as any person employed by a private householder or any third-party employer recognized in the healthcare industry to work in a private household to supervise, feed, or dress a child or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. To have personal attendant status, the employee may not spend more than 20 percent of his or her weekly work time engaged in other duties.