Do nannies get overtime in California?

Yes, in most cases. A nanny who spends at least 80% of their time caring for children is a personal attendant and earns time and a half after 9 hours in a day or 45 hours in a week.

Should a nanny be paid on a W-2 or a 1099?

Usually a W-2. When the family controls the hours, duties and how the work is done, the nanny is a household employee. A 1099 is for self-employed workers who set their own terms.

What is the minimum wage for a nanny in Los Angeles?

$18.42 an hour in the City of Los Angeles from July 1, 2026. Other cities in Los Angeles County set their own rates, and the California state minimum applies where no local rate does.

For caregivers

Your pay rights as a nanny in California

Updated October 25, 2026

Short answer

Most nannies in California are household employees, not contractors. If you spend at least 80% of your time caring for children, you are a personal attendant and earn time and a half after 9 hours in a day or 45 hours in a week. You must earn at least the local minimum wage ($18.42 an hour in the City of Los Angeles from July 1, 2026), get a pay stub each payday, and get a W-2 from any family that pays you $3,000 or more in 2026.

Overtime

California's Domestic Worker Bill of Rights covers personal attendants: workers in a private home who spend at least 80% of their time supervising, feeding or dressing a child. You earn 1.5 times your regular rate for hours over 9 in a day or 45 in a week. A nanny with other main duties, like housekeeping, can fall under different overtime rules.

W-2, not 1099, in most cases

If the family decides your hours, duties and how you work in their home, you are their employee. They should withhold Social Security and Medicare from your pay once they pay you $3,000 or more in 2026 and give you a W-2 by January 31. Being an employee protects your Social Security record and gives you access to unemployment and disability insurance in California.

Cancellations and guaranteed pay

Agree on guaranteed hours in writing when you start a regular job. On Nanny, a family that cancels under 24 hours before a shift pays you 50% of the booked pay, and under 2 hours, or if no one is home, pays in full, capped at 4 hours.

Getting paid on Nanny

Joining is free and you keep 100% of your pay plus tips. Families pay through Stripe and your pay goes to your bank through Stripe Connect. Standard payouts are free; instant payouts cost 1.5% (minimum 50 cents).

This guide is general information, not tax or legal advice. Rules change, so check with a tax professional or the agency linked below before you file.

Questions

Yes, in most cases. A nanny who spends at least 80% of their time caring for children is a personal attendant and earns time and a half after 9 hours in a day or 45 hours in a week.
Usually a W-2. When the family controls the hours, duties and how the work is done, the nanny is a household employee. A 1099 is for self-employed workers who set their own terms.
$18.42 an hour in the City of Los Angeles from July 1, 2026. Other cities in Los Angeles County set their own rates, and the California state minimum applies where no local rate does.

Sources