California's Industrial Welfare Commission Wage Order 15 9Effective April 1, 1986) defines "personal attendant" to include babysitters and any person employed directly by a private householder or indirectly through a third-party employer to supervise, feed, or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision.
It provides an exemption to over-time pay, meal period, rest period, and record-keeping requirements for individuals who qualify as personal attendant, except minimum wage.
Other Work Not Exceed 20% of Work time: But to retain the exemption, a amount of "other work", meaning not more than 20 percent of the employee's work time.
Housekeeping chores are considered "other work" counted against the 20 percent limitation.
In general household work exceeds 20 percent of the total weekly hours worked, the exemptions is lost.
Thus, in Cardenas v.
Mission Industries, 226 Cal.
App.
3rd 952, 277 Cal.
Rptr.
247 (1991), the court affirmed the decision that a line-in worker did not qualify as a personal attendant because the employee did substantial amount of work unrelated to the care of children, to wit: grocery shopping, doing laundry, running errands, preparing dinner for entire household.
But personal attendants subject to Wage Order 5 (Public housekeeping industry) and not Wage Order 15 (household occupations) may work additional hours in an emergency but must be paid time and one-half for excess hours.
Live-In Employees Pay: Section 3 (A) AND (B) of Wage Order 15 entitles live-in employees to time and one-half for the first nine (9) hours worked on a sixth or seventh day double time for hours in excess of nine on such days.
But live-in dome