Domestic workers and caregivers in California are the backbone of care for countless families — but they are frequently the workers most vulnerable to employment abuse. If you clean homes, care for children, attend to elderly or disabled individuals, or perform any domestic work in San Francisco, Marin County, San Mateo County, or anywhere in California, you have specific and powerful employment rights that the law has built to protect you.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
California’s Domestic Worker Bill of Rights
In 2013, California passed the Domestic Worker Bill of Rights (AB 241), which was expanded and strengthened in subsequent years. This law formally recognized that domestic workers have the same employment rights as any other employee — something that for decades was not the case under standard employment laws.
The law applies to domestic workers in California including: housekeepers, nannies and childcare providers, elderly and disabled caregivers, personal care and in-home health workers, and cooks and other workers in private households.
Your Specific Rights as a Domestic Worker in California
Minimum Wage
You are entitled to California’s current minimum wage — and if you work in San Francisco, to the city’s municipal minimum wage, which is higher. In 2026, no employer can pay you less than that hourly rate for every hour worked, regardless of whether you are employed by a family, an agency, or hired directly. Learn more about minimum wage in California.
Overtime Pay
For personal care workers who live with their employer (live-in), you are entitled to overtime pay after 9 hours in a day or 45 hours in a week — at 1.5 times your regular rate. For domestic workers who do not live with the employer, California’s standard overtime rules apply: 1.5x after 8 hours in a day, 2x after 12 hours in a day.
Many families in Pacific Heights, Nob Hill, Marin County, and San Mateo County pay their domestic workers a flat weekly rate without accounting for overtime — this is illegal in California. Learn how to claim unpaid overtime.
Weekly Day of Rest
You are entitled to at least one day of rest for every 7 days of work. If your employer requires you to work all 7 days without a day off, they are violating California law.
Meal and Rest Periods
If you work more than 5 consecutive hours, you are entitled to an uninterrupted 30-minute meal break. If you work in the employer’s home and can genuinely rest undisturbed during those 30 minutes, the break may be “on duty” (paid). But if you cannot truly rest, it must be “off duty” and separately compensated. You are also entitled to 10-minute rest breaks for every 4 hours worked.
Protection Against Harassment and Discrimination
Domestic workers have full protection under California’s FEHA against discrimination and sexual harassment — even when the work takes place in a private home. If the employer or a member of their family sexually harassed you, discriminated against you because of your Latino origin, or treated you differently because of your gender or age, you have grounds for a lawsuit.
Read about your rights against sexual harassment and about racial discrimination in the workplace.
Do you work as a caregiver or domestic worker and are not receiving what you are owed?
Attorney Arlo Uriarte can evaluate your case today — free, in Spanish, confidential. 1-888-442-2642 — free consultation here — 24/7.
The Most Common Abuses We See with Domestic Workers
Flat-Rate Pay Without Overtime
One of the most frequent violations: the employer pays $200 or $250 per week regardless of how many hours you worked. If you worked 45 hours that week, that amount may fall below minimum wage and fails to compensate overtime. This practice is completely illegal in California.
Work Without a Contract or Documentation
Many families employ domestic workers “informally” — with no written contract, no pay stubs, and payment in cash. While this does not make the employment itself illegal, it creates a situation where it is harder for the worker to prove the hours worked and what they were paid. If you are in this situation, start documenting everything now: write down each day worked, clock-in and clock-out times, and the amount paid.
Sexual Harassment in Private Homes
Domestic work is one of the industries with the highest risk of sexual harassment precisely because it takes place in a private, isolated environment where the employer or a family member may believe the normal rules do not apply. If you suffered sexual harassment while working in a private home — whether in San Francisco, Pacific Heights, Tiburon, or anywhere in the Bay Area — you have the same right to file a lawsuit as any other worker.
Failure to Respect the Day of Rest
Many domestic workers — especially live-in workers — report never having a true day off. They are always “available,” always being asked to handle small tasks on their day off. Every hour worked on your day of rest is additional overtime that you are owed.
Areas of California Where We Represent Domestic Workers
We have extensive experience representing domestic workers in some of California’s wealthiest areas — where, paradoxically, violations are common because employing families assume they can treat their workers however they choose.
San Francisco: Pacific Heights, Nob Hill, Russian Hill, Sea Cliff, St. Francis Wood. High-income families who frequently pay below minimum wage or fail to compensate overtime.
Marin County: Tiburon, Belvedere, Ross, Mill Valley. A domestic work market with some of the lowest compensation relative to the region’s cost of living.
San Mateo County: Atherton, Menlo Park, Hillsborough, Woodside. Tech and finance families who frequently do not know — or choose to ignore — domestic worker laws.
Napa County and Sonoma County: Vineyard estates and luxury residences where live-in domestic workers frequently work without any limit on their hours.
Do not let your legal deadlines expire — act today.
Call 1-888-442-2642 to speak with employment attorney Arlo Uriarte. Free evaluation in Spanish — no obligation — 24/7.
Frequently Asked Questions About Domestic Workers’ Rights in California
Does the Domestic Worker Bill of Rights apply if I work for just one family?
Yes. California’s Domestic Worker Bill of Rights applies to workers employed in a private household by a single family, including situations where there is only one employer. You do not need to work for multiple families or through an agency to have protection. The law was designed specifically to protect workers in the most common situation — one worker, one employing family. If you have questions about whether the law applies to your specific situation, call 1-888-442-2642 for a free evaluation.
Am I entitled to overtime if I live with the family that employs me?
Yes. If you are a live-in domestic worker, you are entitled to overtime pay after 9 hours worked in a day or 45 hours in a week. Additional hours are paid at 1.5 times your regular rate. Many live-in workers do not know they have this right and work weeks of 60 or more hours without additional compensation. If you have been in this situation for months or years, the unpaid wages can add up to a substantial amount. Call 1-888-442-2642 to evaluate how much you are owed.
Can the family I work for threaten me with immigration enforcement if I claim my rights?
No. It is completely illegal for any employer — including an individual family that employs you in their home — to threaten to report your immigration status as retaliation for asserting your employment rights. California Labor Code Section 1019 explicitly prohibits these threats and establishes penalties of up to $10,000 per violation. If the family you work for threatened you in this way, that significantly aggravates their legal liability. We handle all cases with complete confidentiality. Call 1-888-442-2642.
Does the law apply if I work for a cleaning or caregiving agency?
It depends on how the employment relationship is structured. If you work for an agency that assigns you to client households, the agency is generally your legal employer and is subject to all standard California employment laws — including minimum wage, overtime, rest periods, and protections against discrimination. Some agencies incorrectly classify their workers as independent contractors to avoid these obligations — which may be a violation under California’s AB 5. An employment attorney can evaluate whether your classification is correct. Call 1-888-442-2642.
How long do I have to claim unpaid wages as a domestic worker?
For claims under the California Labor Code, you have 3 years from the date of each violation. For claims under the Unfair Competition Law (UCL), you have 4 years. For violations of the Domestic Worker Bill of Rights, the deadlines are similar. Because violations occur with each incorrect pay period, the deadline generally covers the full period of employment within the 3–4 year limit. If you have spent years working without overtime pay or below minimum wage, the accumulated wages can be substantial. Call 1-888-442-2642 to evaluate your case.
What can I do if I suffered sexual harassment while working in a private home?
You have exactly the same rights as any other worker who is a victim of sexual harassment. California’s FEHA protects domestic workers against sexual harassment — even when the work takes place in a private home. You can file a civil lawsuit for sexual harassment and claim compensation for emotional distress, lost income, and treatment costs. We handle these cases with complete confidentiality and respect. If you were a victim, read more about your rights against sexual harassment and call 1-888-442-2642.
How much could my case as a domestic worker be worth?
The value depends on the duration of the violations, the type of violations, and your wage rate. For wage theft cases (unpaid overtime, insufficient minimum wage) involving 2 to 4 years of violations, we have seen recoveries between $20,000 and over $80,000 including unpaid wages, penalties, and interest. For sexual harassment or discrimination cases, the value can be significantly higher due to emotional distress damages. A free evaluation with Liberation Law Group can give you a concrete estimate based on your situation. Call 1-888-442-2642.
Does Liberation Law Group handle domestic worker cases throughout Northern California?
Yes. We represent domestic workers in San Francisco (Pacific Heights, Nob Hill, Sea Cliff), Marin County (Tiburon, Ross, Belvedere), San Mateo County (Atherton, Hillsborough, Woodside), Napa County, Sonoma County, and throughout the region. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Your Work Has Value — Defend It Today
Domestic workers and caregivers support the most affluent families in California. They deserve to be fairly compensated and treated with dignity. If you are not receiving what you are owed, Liberation Law Group is here. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
1-888-442-2642
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