Caregiver Overtime Law
Caregiver Employment Attorney
J.D., LLM Health Law
Caregivers in California are entitled to overtime pay under Wage Order 15, Wage Order 5, or the Domestic Workers Bill of Rights. The specific law or Wage Order that guarantees the right to overtime will depend on the facts, specifically whether the caregiver works in a private home or assisted living facility, and should the caregiver work in a private home, whether they are a personal attendant. A caregiver employment attorney can explain which law or Wage Order entitles you to overtime compensation after a brief phone consultation.
Live-in Caregiver, Not Personal Attendant
Live-in caregivers who are not personal attendants are entitled to overtime pay (1.5 x hourly rate) for all hours worked over 9 in a day and for the first 9 hours worked on the sixth & seventh consecutive day and earn double time (2 x hourly rate) for the first 9 hours worked on the sixth and seventh consecutive day. (Wage Order 15).
Live-in Caregiver, Personal Attendant
Live-in caregivers who are personal attendants are entitled to overtime pay for hours worked over 9 in a day or 45 in a week. (Domestic Workers Bill of Rights).
Assisted Living Caregivers
Caregivers working in assisted living, group homes or other care facilities covered by Wage Order 5 are entitled to overtime for hours worked over 8 in a day or 40 in a week and earn double time for hours worked over 12 in a day or over 8 on the seventh consecutive day of the week. (Wage Order 5)
Right To Overtime Guaranteed
Your right to overtime is not dependent upon the payment of wages. Even if your employer did not pay minimum wage or any wages, the number of hours you work triggers your right to overtime pay. Many clients are illegally paid with only room and board or a few hundred dollars a week regardless of hours worked.
Sleep time may count as hours worked, triggering your right to overtime pay and in some cases double time pay. Many private in-home caregivers must sleep on the premises and respond to their client’s personal care needs at night. Since federal sleep time regulations excluding sleep time from hours worked are not incorporated into Wage Order 15, private in-home caregivers on-call during the night may receive pay for sleep time. Furthermore, 24 hour caregivers in assisted living, group homes or other care facilities governed by Wage Order 5 may be entitled to pay for sleep time if they did not agree to exclude sleep time from hours worked, are not furnished adequate sleeping facilities by their employer, or cannot enjoy an uninterrupted night’s sleep.
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