California · residential care · Wage Order 5 § 3(A)(2)
Sixteen in a day at double. Forty then forty-eight in the week.
8 CCR § 11050 (IWC Wage Order 5) for employees with direct responsibility for children under 18 (or not emancipated from foster care) receiving 24-hour residential care: 1.5× after 40 hours in a workweek, 2× after 48 in a workweek, and 2× after 16 in a workday (DIR Exceptions FAQ). There is no daily 1.5× after 8 and no LC 510 seventh-day special. A 12-hour group-home day is 12 regular hours here; under LC 510 it is 8 regular + 4 overtime. Punches minus unpaid lunch (or excluded sleep) are hours worked; a 24-hour tour is identical in/out.
Read the order: 16 / 40 / 48
Fetched official 8 CCR § 11050 (Wage Order 5 HTML), IWC Article 5 PDF (2025 republication), and DIR Exceptions to the general overtime law (all HTTP 200). § 3(A)(2): employees with direct responsibility for children who are under 18 or who are not emancipated from the foster care system and who, in either case, are receiving 24-hour residential care may be compensated as follows without violating the general daily-overtime section: 1.5× for hours over 40 in a workweek; 2× for hours over 48 in a workweek; 2× for hours over 16 in a workday. Sleep is not hours worked. After 24 consecutive hours the employee must receive 8 consecutive hours off-duty.
DIR FAQ Order 5 row (same pay line): time-and-a-half for hours in excess of 40 in a workweek; double time if more than 16 hours in a workday; double time for hours in excess of 48 in a workweek. Subsection 3(A)(2)(e) (15-bed adult facilities) sunset 1 July 2005 and is out of scope. Hospital 8/80 is /flsa-8-80/. Healthcare 12-hour alternative workweeks stay on /california-alternative-workweek/.
12h day 07:00–19:00 @ $20 → 12 regular ($240). LC 510 same punches: 8 regular + 4 OT ($280)
18h day @ $20 → 16 regular ($320) + 2 DT ($80) = $400
Five 12-hour days @ $20 → 40 regular ($800) + 8 OT ($240) + 12 DT ($480) = $1,520
24h tour 08:00–08:00, 8h excluded sleep @ $20 → 16 regular ($320)
In scope
- WO 5 § 3(A)(2): 1.5× after 40 in a workweek
- 2× after 48 in a workweek; 2× after 16 in a workday
- Punch-in/out + unpaid lunch / excluded sleep (24h tour = identical in/out)
- Direct-care staff at children’s 24-hour residential facilities (group homes, STRTPs)
Out of scope
- LC 510 8/12/7th (/california-overtime/) — the default for other WO 5 jobs
- LC 1454 personal attendant 9/45; WO 15 live-in 9 / 6th–7th
- Hospital 8/80; healthcare 12-hour AWW; ambulance 24h sleep (WO 5/9)
- § 3(A)(2)(e) adult 15-bed facilities (sunset 1 July 2005); camp counselors 54h
FAQ
When does California residential-care overtime start under Wage Order 5?
8 CCR § 11050 § 3(A)(2) and the DIR Exceptions FAQ (Order 5 row): 1.5× for hours over 40 in a workweek; 2× for hours over 16 in a workday; 2× for hours over 48 in a workweek. There is no daily time-and-a-half after 8 and no LC 510 seventh-day special on this page.
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, weekly 40. A 12-hour group-home day here is 12 regular hours; under LC 510 it is 8 regular + 4 overtime. A five-day 12-hour week here is 40 regular + 8 OT + 12 double time.
Is this personal attendant or live-in domestic overtime?
No. /california-personal-attendant-overtime/ is Labor Code § 1454 (9/45, no double time). /california-live-in-domestic-overtime/ is Wage Order 15 live-in non-attendant (9 in a day; 6th/7th workday 1.5×/2×). This page is Wage Order 5 public-housekeeping residential care for children — group homes, STRTPs, foster-care facilities — not a private household.
Does sleep count as hours worked on a 24-hour shift?
Wage Order 5 § 3(A)(2)(d): time spent sleeping shall not be included as hours worked. Put excluded sleep minutes in unpaid lunch. Identical in/out is a 24-hour tour. After 24 consecutive hours the employee must receive 8 consecutive hours off-duty (a staffing constraint, not a pay line on this page).
