If you are employed as a 24-hour caregiver, providing care to an individual inside their home, you are likely entitled to overtime compensation. If you are paid a day rate, you are not receiving overtime and likely have a valuable claim. This is true whether you are hired directly by the patient or paid though an agency. Most in-home caregivers are entitled to receive overtime payments for all hours worked in excess of 9 in a day or 45 in a week.
In 2019, most 24-hour caregivers must be paid a minimum of $346.50 per day to comply with California law. The first 9 hours of work can be paid at the minimum wage of $11.00, for $99.00. Then, the law requires overtime payments of $16.50 per hour for the remaining 15 hours, for an additional $247.50. Most caregivers receive far less than that, often earning as little as $120 to $180 per day. A 24-hour caregiver who is earning less than $346.50 per day likely has a very valuable claim.
For example, if you are a caregiver working 24-hours a day, 5 days a week, for a salary of $800 a week ($160 a day), your weekly unpaid overtime claim is calculated as follows: Your weekly salary of $800 is divided by 40 hours to calculate a regular rate of $20 an hour. Your overtime rate is 1.5 times your regular rate, $30 an hour.
Your salary does not pay for any of the 15 daily overtime hours you work. So, each day you have an unpaid overtime claim of $450. Liquidated damages for a willful failure to pay overtime could add an additional $165.00 a day to the claim. Plus, the law provides for interest, attorneys fees, and penalties.
In the above example, the hypothetical caregiver is owed over $3,000 per week. On a yearly basis, the claim exceeds $150,000. We have helped many caregivers whose claims exceed $500,000 in potential damages when working several years.
Caregivers can potentially file claims going back 4 years from the date a lawsuit is filed. We have helped many caregivers file claims against their former employers. Even if you last worked in 2017, you still have time to pursue a claim. The one exception, if your patient has passed away, a claim against the patient’s estate must be filed within 1 year of the passing, or sooner if an estate has been opened.
If you are a caregiver and are hesitant to move forward with a claim, please visit our website as www.cr.legal/getmyot to review our article that addresses many of the common concerns we have heard from caregivers.
If you are a caregiver working 24-hour shifts and are receiving less than $346.50 per day, we want to talk with you about your legal rights. We provide compassionate and confidential consultations. Please contact us for at (818) 807-4168.
This article is an attorney advertisement written by Daniel Chaleff, employment law attorney at Chaleff Rehwald in Woodland Hills. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter. The law firm focuses on caregiver rights. Please call us at (818) 807-4168 for a free and confidential consultation. Or visit us at www.cr.legal to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.