California · personal attendant · Labor Code § 1454 (AB 241)
Nine in a day. Forty-five in a week. Not eight, not forty, not double time.
Labor Code § 1454 (AB 241 Domestic Worker Bill of Rights): a domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless overtime is paid at one and one-half times the regular rate for the excess. DIR’s summary and FAQ say the same line. There is no double time and no LC 510 seventh-day special on this page. A 10-hour caregiver day is 9 regular + 1 OT here — under LC 510 it would be 8 + 2. Weekly 45 does not stack on an hour already at the daily premium. Punches minus unpaid lunch are hours worked; an overnight 20:00→08:00 shift needs the midnight cut a daily hours box cannot see.
Read the statute: 9 / 45 at 1.5×
Fetched official DIR Domestic Worker Bill of Rights summary, DIR FAQ, and Leginfo Labor Code § 1454 (all HTTP 200). § 1454: “A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek.”
DIR FAQ coverage: personal attendant duties are supervising, feeding, and dressing a child or person who needs care in a private household. More than 20% other housework → not a personal attendant; Wage Order 15 overtime applies instead (out of scope). Live-in non-attendant WO 15 sixth/seventh-day double time is also out of scope. Meal and rest 226.7 premiums generally do not attach to personal attendants under WO 15 — this page does not add them.
Overnight 20:00–08:00 lunch 30 @ $20 → 11.5h worked → 9 regular ($180) + 2.5 OT ($75) = $255
Five 9-hour days @ $20 → 45h all regular = $900
Six 8-hour days @ $20 → 48h → 45 regular ($900) + 3 weekly OT ($90) = $990
Same six 8-hour days under LC 510 → weekly 40 math, not this page
In scope
- Labor Code § 1454: 1.5× after 9 in a workday
- 1.5× after 45 in a workweek; no pyramid on the same hour
- Punch-in/out + unpaid lunch (overnight caregiver gap)
- Personal attendant in a private household (DIR FAQ ≤20% other housework)
Out of scope
- LC 510 daily 8/12 / seventh day / weekly 40 (/california-overtime/)
- Wage Order 15 live-in non-attendant (/california-live-in-domestic-overtime/)
- NY Labor Law § 170 domestic 40 / live-in 44
- LC 226.7 meal/rest hour; IHSS / licensed facility carve-outs as gating math
FAQ
When does California personal attendant overtime start?
Labor Code § 1454: a domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek. DIR’s Domestic Worker Bill of Rights summary and FAQ say the same 9 / 45 line. There is no double time on this statute.
Who is a personal attendant under AB 241?
DIR FAQ: a personal attendant is employed by a private householder (or certain third-party health-care employers) to work in a private household supervising, feeding, and dressing a child or a person who needs assistance because of advanced age, physical disability, or mental deficiency. If more than 20 percent of time is other household work (cooking, laundry, housecleaning), the worker is not a personal attendant and Wage Order 15 overtime applies instead — that is out of scope here.
Is this the same as California Labor Code 510 overtime?
No. /california-overtime/ is LC 510: 1.5× after 8 through 12, 2× after 12, seventh day of work 1.5×/2×, weekly 40 with no stacking. This page is § 1454 only: 1.5× after 9 in a day and after 45 in a week, no double time, no seventh-day special. A 10-hour day here is 9 regular + 1 OT; under LC 510 it would be 8 regular + 2 OT.
Is this New York domestic worker overtime?
No. New York Labor Law § 170 is 1.5× after 40 hours, or 44 if live-in, plus a rest-day line. California § 1454 is daily 9 and weekly 45 for personal attendants. Different statute, different thresholds.
