California considers overtime pay for nannies

Nannies and other domestic care givers in California could become eligible for overtime pay and other payroll benefits under a new state law.

The Domestic Worker Bill of Rights would entitle nannies and caretakers of children overtime pay - one-and-a-half times the regular rate of pay for any hours worked past 40 - as well as 30-minute meal breaks after every five hours on the clock and two 10-minute rest breaks for every eight-hours shift. The bill also provides live-in workers with a day off after five straight days of work and includes a provision for sleep time with every 24 hours on the job.

Tom Ammiano, a state Assemblyman proposed the change, which could reduce the chance of workers being exploited when providing in-home, domestic care. However, the bill does not include personal attendants and caregivers for the elderly and disabled.

This proposition is just one of several that has recently surfaced. Last year, New York put a new overtime law and time-off requirements into place and President Barack Obama recently proposed an amendment that would make household workers who care for the elderly and disabled eligible for wage requirements and overtime pay. To ensure compliance, employers should keep up with Fair Labor Standards Act (FLSA) changes and keep accurate records of employee time and attendance.