If you are employed as a 24-hour caregiver in California, providing care to an individual inside their home, you are most 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.
In 2014 the Domestic Workers’ Bill of Rights (“DWBR”) became law in California. This law means that 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 working in California must be paid a minimum of $346.50 per day to comply with the DWBR. 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 California 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.
California 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 2016, 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 California 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, California. 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 for California employees. The overtime laws are different in other states. 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.