A statewide California study has shown that home care givers work an average of 84 hours per week. Even with all the extra hours worked, a loophole in the Fair Labor Standards Act has previously allowed these workers to be exempt from overtime pay. The law states that any work past 40 hours per week must be compensated for their extra time and attendance.

The statewide report recommended changes that would protect these employees and work to offer them fair wages as the industry booms. The report proposed that home care workers be paid overtime, and that they receive meal and rest breaks, which they are currently legally denied. {include report in sources or mention where lawyers and settlements}

In addition, a bill currently being considered in the California legislature would mandate overtime pay for home care workers after a 40-hour workweek if passed. The bill also offers provisions for further workplace flexibility, meal breaks and the right to use employers' kitchens to make their own meals.

This would make a big difference in the lives of home care workers. A 2012 study conducted by the National Domestic Workers Alliance found that about 50 percent of domestic employees do not bring in enough income to support their families.

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