In-Home Caregivers: Are You Paid Overtime?
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 2020, most 24-hour caregivers must be paid a minimum of $378.00 per day to comply with California law. The first 9 hours of work can be paid at the minimum wage of $12.00, for $108.00. Then, the law requires overtime payments of $18.00 per hour for the remaining 15 hours, for an additional $270.00. 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 $378.00 per day likely has a very valuable claim.
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 2018, 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.caregiverovertime.com/pa/concerns 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 $378.00 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.caregiverovertime.com to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.