The California Domestic Worker Bill of Rights signed into effect by Gov. Jerry Brown on Sept. 26 gives housekeepers, nannies and caregivers for the elderly or people with disabilities the right to overtime pay.

Before the approval of this law, the California Industrial Welfare Commission (“IWC”) deemed caregiving “a source of rewarding activity,” by individuals “merely for supplemental income.” This excluded domestic workers from receiving overtime pay—a fundamental law available to employees.

The Bill of Rights (AB 241) entitles domestic workers to overtime pay as follows: one-and-a-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday as well as for all hours worked exceeding 45 hours in the workweek. For example, if the employee usually is paid $15 per hour, the hours worked “overtime” must be paid at the rate of $22.50 per hour.

María Distancia is a member of Mujeres Unidas y Activas (MUA), a Mission-based domestic worker advocacy group that pushed the bill through. Distancia works to provide care for an elderly woman with Alzheimer’s.

“We are no longer scared, and when families ask us to work longer hours, we now have rights,” Distancia said. “We are unified, more protected, and less scared of being deported. And we can now go on to fight for more rights as domestic workers and as immigrants.”

Personal attendants excluded from the new law are those who provide domestic services through the in Home Support Service (IHSS) and Department of Developmental Services pursuant to the Lanterman Developmental Disability Services Act (DDS), close family members of the employer, babysitters who are under 18, and casual babysitters.

According to Andrea Lee, co-director for Administration and Development of MUA, every week over 150 Latina immigrants come to their office seeking support and advice regarding horrible cases of abuses such as being forced to clean homes filled with refuse and mice, having their employer sexually and verbally harass them, being forced to sleep on the floor of the baby’s room, not being paid at all, being paid with checks that bounce, or being paid much less than what was agreed upon.

Many domestic workers are scared to speak out about their poor working conditions because of their immigration status.

Advocates believe that the California Domestic Worker Bill of Rights is an important step toward the development of worker and, especially, immigrant rights, as domestic workers are primarily immigrant women.

Regardless of one’s immigrant status, if in doubt, an employee should seek advice from a professional.

Liliana Gallelli is an attorney practicing immigration law in San Francisco.