WAGE-ORDER 15 California In-Home Care Employers: 5 Wage & Hour Risks to Watch

by Victoria Dolan

California’s in-home care industry is subject to specialized wage and hour rules that differ significantly from traditional workplaces. Below are five common compliance risks employers should regularly review.

  1. Misclassifying Employees as Personal Attendants

Not every caregiver qualifies as a personal attendant. To meet this classification, the employee must spend at least 80% of their working time supervising, feeding, or dressing a child, elderly person, or person with a disability.

If an employee spends more than 20% of their time on other duties—such as housekeeping, cooking, medication management, errands, or general household support—they will not qualify.

Takeaway: Classification depends on actual duties performed, not job title.

  1. Misapplying the 9-Hour/45-Hour Overtime Rule

A common misconception is that all personal attendants qualify for overtime only after 9 hours in a day or 45 hours in a week.

Not true. Only certain “live-in” employees qualify for this modified overtime rule.

Takeaway: Do not apply the 9/45 overtime thresholds unless you have confirmed the employee is both properly classified and a qualifying live-in employee.

  1. Assuming an Alternative Workweek Schedule Automatically Avoids Daily Overtime

Many in-home care employers prefer 4/10 or 3/12 schedules, but California’s alternative workweek rules create unique issues for employees covered by Wage Order 15.

There is some Division of Labor Standards Enforcement (DLSE) guidance suggesting alternative workweek schedules may be permissible under Labor Code § 511 for domestic service workers. However, unlike the other Orders, Wage Order 15 does not provide the framework for implementing such schedules. This would seem to imply they may not be permitted.

Remember, the DLSE only interprets and enforces the law, they don’t make the law. Therefore, this remains a legally uncertain area.

Takeaway: Employers who rely on a 4/10 or other alternative workweek schedule to avoid daily overtime for personal attendants may be assuming significant compliance risk.

  1. Overlooking Rest Break Compliance

Wage Order 15 allows limited use of paid on-duty meal periods in certain circumstances.

However, there is no equivalent on-duty rest break rule! Section 17 of Wage Order 15 permits employers to seek a DLSE exemption from rest break requirements, but:

  • The exemption is site specific
  • Requires DLSE approval
  • Must be renewed annually

Takeaway: Continuous care needs do not automatically excuse rest break obligations.

  1. Relying on Industry Practice Instead of California Rules

Many employers rely on industry practices, agency customs, or federal guidance that do not align with California law.

Further, while they look similar on the surface, Wage Order 5 and Wage Order 15 have different rules! Many employers don’t know their applicable Wage Order(s) – often assuming their experience in a similar company/industry automatically transfers to their new environment.

Takeaway: “This is how everyone does it” is not a compliance strategy!

RECOMMENDED ACTION

California employers providing in-home care services should regularly review:

  • Their applicable Wage Order(s)
  • Handbook policies
  • Employee classifications
  • Scheduling practices
  • Meal and rest break compliance
  • Overtime calculations
  • Written agreements and payroll practices

Small mistakes in this industry can create significant wage and hour exposure and an invitation for costly (Private Attorney General’s Act) PAGA claims. If you would like our help in reviewing your organization’s practices, please let us know.