Employment Attorney for Caregivers
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Caregivers in California are often the victims of wage and hour violations. If you were employed as a live-in caregiver in a private home or caregiver in an assisted living facility – (otherwise known as (residential care facility for the elderly, RCFE, or nursing home) – you may be entitled to thousands of dollars for employment law violations. Caregivers are often paid less than minimum wage, denied pay for sleep time, deprived of overtime compensation, provided with inaccurate wage statements, or in extreme cases are compensated with only room & board, all of which are violations of California Labor Law. In fact, many live-in caregivers are surprised to learn they have $100,000+ claims. To find out whether you have been fairly compensated as a caregiver in a private home or assisted living facility call our employment law attorney for a consultation.
You May Have A Claim if You…
- work 24-hour shifts
- live in the same house as your Employer/Patient
- are “paid” with room & board
- are paid a flat rate or the same amount every day/week/month
- are not paid for sleep time
The First Step To Receive Compensation
Many caregivers, personal attendants, and elder care providers are entitled to compensation for labor law violations but hesitate to pick up the phone and call an attorney. They may be afraid of retaliation from their employer, developing a bad reputation that will make future employment difficult, or simply feel powerless against their former employer. Our caregiver employment attorney understands these reservations but encourages you to take the first step and seek legal advice. There is absolutely no cost or obligation by making this phone call, but making the call is the first step to recovering compensation.
Caregivers who work 24-hour shifts can have the largest claims. Many 24-hour caregivers are deprived of compensation for “on-call” hours during sleep periods, overtime, and in the most egregious cases receive only room & board. To be clear, California law only permits deductions from wages for meals and board when there (1) is a voluntary written agreement between the employer and live-in caregiver, and (2) the deductions do not exceed certain amounts. That means employers cannot solely compensate caregivers with meals and lodging. Indeed, employers can only deduct meals and lodging from wages up to certain amounts and pursuant to a voluntary written agreement; verbal agreements are not effective. Furthermore, live-in caregivers who are not personal attendants are usually deprived of their legally mandated meal and rest breaks, entitling them to 1-hour pay for each missed meal break per day and 1-hour pay for each missed rest break per day.