Over the past few years, the attorneys at REHWALD PETERSON (www.caregiverovertime.com) have had the honor of informing hundreds of caregivers about the specific overtime laws that protect them from being overworked and underpaid. Many of these caregivers decided to call us after seeing our Facebook posts and articles in Weekend Balita. These are some of our favorite calls to receive. And, as a result of these calls, we have been able to help numerous caregivers recover the overtime compensation they deserve.

We would have been able to help many more caregivers. But the truth is that some caregivers who have suffered wage theft, and been exploited by their employers, do not want to pursue their claims. We have recognized several common fears that prevent caregivers from taking action. If you have been thinking about making an overtime claim, or calling to get more information, please do not hesitate to call us. We want to hear from you.

In addition, this article may help you, because we address some of the more common concerns we hear from caregivers. The bottom line is that you should not let fear prevent you from learning more about your rights, or pursuing a claim for your unpaid overtime.

Here are some of the most common concerns we hear from caregivers and the reasons why these concerns should not prevent you from seeking the overtime compensation you deserve.

1. “I Feel Obligated To My Patient.”

By nature, caregivers are typically caring people. Many private employers take advantage of a caregiver’s compassionate nature and do not pay a fair wage. Many caregivers feel a sense of loyalty or obligation towards their employers that make them reluctant to pursue valid claims.

While these are noble sentiments, it does not change the fact that caregivers who are paid less than the legally required wages are victims of wage theft. In fact, many people who hire in-home caregivers are financially able to pay for caregiving services as required by law, but simply choose not to because they want to save money. We often see the children of elderly patients making efforts to preserve their own inheritance by taking advantage of caregivers. The truth is that the family members are obligated to ensure their loved ones are adequately cared for. It is not a caregiver’s obligation to provide care in exchange for a wage that is less than what the law requires.

2. “I Am Afraid Of The Court System And Having A Lawsuit.”

Many private employers refuse to pay caregivers overtime because they believe caregivers are unsophisticated and will not be able to file a legal claim. The legal process can be intimidating and confusing. But that is why the lawyers at REHWALD PETERSON (www.caregiverovertime.com) are here to help. We know the law and stand ready to help.

3. “I Signed A Document Stating I Am An Independent Contractor.”

It is unlikely that an in-home caregiver is an independent contractor even if there is a signed a document that purports to identity them as a contractor. Still, it is common for private employers to try to convince caregivers they are independent contractors because it is much less costly and much more advantageous for them. The reality is that many private employers misclassify caregivers as independent contractors to avoid paying overtime and other employee benefits.

4. “I Did Not Pay Taxes on The Wages I Did Receive.”

While we recommend that our clients pay all taxes owed for the wages received, if a caregiver has not paid taxes on wages, the caregiver still has the legal right to seek the overtime wages due. It is the employer’s obligation to properly classify the employee and withhold state and federal income taxes. If this has not happened, the employer has also violated the law.

5. “I Do Not Have A Social Security Number.”

You do not need a social security number to recover overtime wages from your employer. If you succeed in your unpaid overtime claim, Rehwald Peterson can help you get an ITIN that can be used to pay the taxes owed.

6.“I Am Concerned About Immigration Status.”

California law permits undocumented workers to recover unpaid overtime wages. In our experience, our undocumented clients have not suffered any serious adverse effect from presenting an overtime claim. While we cannot guarantee no problem will arise, we believe the benefit in recovering unpaid overtime outweighs the risk. Also, we have a relationship with an immigration attorney that can review and possibly assist with your specific immigration situation.

7. “I Do Not Want A Long Court Battle, and May Leave the Country.”

Most cases settle without going to court, and many cases settle within a matter of a few months to a year. We regularly help caregivers who return to their home countries while the case is ongoing and keep in contact with us via the phone and internet. Because the laws are so strong in favor of the caregiver, most employers seek an early settlement of claims.

If you are working as a caregiver and you are not paid overtime when working more than 9 hours a day, or 45 hours a week, you should consult with REHWALD PETERSON to discuss your rights. We are here to help.

With the penalties, interest, and attorneys fees allowed, claims often exceed $100,000 for 24-hour caregivers who have worked just one year. Even if you have only worked three to six months, you likely have a valuable claim.

Article written by Kevin Rehwald and Lauren Peterson, Employment Law Attorneys as Rehwald Peterson. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.

24-hour Caregivers. “My patient just passed, can I still collect my unpaid overtime claim?”

Short answer-Likely YES. But you must act quickly. To make a claim against the Estate of your patient you MUST file a creditors claim against the Estate within one year of your patient’s passing. Or sooner if the heirs have already opened an Estate. If your patient recently passed and you would like a free consultation, Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation. You may call nights and weekends. I work around the clock to help caregivers get the justice they deserve.

These claims are much higher than you might expect. For example, if you are a caregiver, covered under the Domestic Worker Bill of Rights (DWBR), working 24 hours a day, seven days a week, at a rate of $200/day, you have an unpaid overtime claim of $5,740 per week. That is nearly $300,000 a year in unpaid overtime. Many of our clients have claims that exceed $500,000 when working several years.

Many wealthy people hire caregivers directly and pay them as independent contractors, without overtime and without the benefits of being an employee. Upon passing, many caregivers are left without a job and without the benefit of unemployment insurance. This is not fair to caregiver and California law protects caregivers covered under the DWBR from this abusive practice.

Each year our firm recovers millions of dollars for caregivers denied overtime compensation. For a free and confidential case evaluation, please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation. To learn more about caregiver overtime law or chat live right now, please visit my website at www.caregiverovertime.com/pa/inhome

This article is an attorney advertisement written by Kevin Rehwald and Lauren Peterson, employment law attorneys at Rehwald Peterson in Westlake Village, CA. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter.

If you are a 24-hour caregiver, hired direct by your patient or through an agency, working for a day rate (i.e. $180-$270/day), without overtime compensation, you likely have a valuable unpaid overtime claim.

For example, if you are a caregiver, covered under the Domestic Worker Bill of Rights (DWBR), working 24 hours a day, five days a week, at a daily rate of $270 a day, you have an unpaid overtime claim of $3,375 per week. That is over $175,000 a year in unpaid overtime. In addition, you can claim liquidated damages, penalties, interest and attorneys fees under the law. Many of our clients have claims that exceed $500,000 when working several years.

Many wealthy people hire caregivers directly and unlawfully pay them as independent contractors, without overtime and without the benefits of being an employee. This is not fair to caregiver and California law protects caregivers covered under the DWBR from this abusive practice.

Each year, my firm collects millions of dollars for caregivers denied overtime compensation. For a free and confidential case evaluation, Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation. To learn more about caregiver overtime law or chat live right now, please visit our website at www.caregiverovertime.com/pa/inhome

Attorney Advertisement by Kevin Rehwald and Lauren Peterson of Rehwald Peterson. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter.

Rehwald Peterson, a law firm dedicated to protecting the rights of caregivers, is pleased to announce a recent client award in an overtime claim before the Labor Commissioner. Although each caregiver overtime case is unique, many of the same issues come up over and over again. Many times, caregivers are afraid to seek justice because they are fearful of the legal process. This case study of Rehwald Peterson’s victory in front of the Labor Commissioner illustrates why these fears can often be overblown.

“Sue” was employed in a residential care facility for disabled adults. She worked as a live-in caregiver for seven years. She was required to sign false time cards stating that she only worked 8 hours per day. In reality, her employer required her to sleep and remain at the facility nearly 24-hours each day she was scheduled to work. At the hearing, her employer testified that the time records were accurate, and that “Sue” and the two other caregivers each worked consecutive 8-hour shifts. The employer stated that no one worked overtime because only 24 total hours of coverage was needed for the disabled residents each day.

Rehwald Peterson used staff schedules that the employer filed with the Department of Social Services to show that the employer was legally required to provide much more extensive care, and that the employer’s claimed hours of work could not meet the minimum staffing requirements. The firm was able to discredit the employer’s claim of only 8-hour shifts. Ultimately, “Sue” was awarded over $170,000 in unpaid wages, liquidated damages, penalties and interest.

The owners of the facility also tried to evade personal liability for unpaid wages by claiming they were not liable for the unpaid wages of their corporation. Rehwald Peterson convinced the Labor Commissioner that individual liability was not only necessary, but also allowed under the law.

“Sue’s” case illustrates that hiring a lawyer who knows about caregiver overtime laws is vitally important in recovering back due wages. The lawyers at Rehwald Peterson are experienced in litigating caregiver overtime cases and are dedicated to the cause of remedying unfair and exploitative working conditions.

While the case presented above is unique and does not guarantee or predict the outcome of other legal matters, this victory does illustrate that many of the problems in a caregiver case can be overcome. For those caregivers ready to stand up for their right to overtime compensation, Rehwald Peterson stands ready to help. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.

This article is an attorney advertisement written by Kevin Rehwald, Employment Law Attorney at Rehwald Peterson. The firm focuses on caregiver rights. All communications are confidential so Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.

If you are a caregiver, providing care to an individual inside their private home, special laws exist to protect you from wage theft. Wage theft occurs when an employer fails to pay an employee the legally required overtime and minimum wages. In 2014 the Domestic Workers’ Bill of Rights (“DWBR”) became law. 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 2024, most 24-hour caregivers must be paid a minimum of $504.00 per day so comply with the DWBR. The first 9 hours of work can be paid at the minimum wage of $16.00, for $144.00. Then, the law requires overtime payments of $24.00 per hour for the remaining 15 hours, for an additional $360.00. This equals $504.00 per day.

Most caregivers receive far less than that, often earning as little as $180 to $270 per day. A 24-hour caregiver who is earning less than $504.00 per day likely has a very valuable claim.

For example, if you are a caregiver working 24-hours a day, 7 days a week, for a weekly salary of $1,260, your weekly unpaid overtime claim is calculated as follows: Your weekly salary of $1,260 is divided by 45 hours to calculate a regular rate of $28 an hour. Your overtime rate is 1.5 times your regular rate, $42 an hour.

Your weekly salary does not pay any of the overtime hours you worked (any hours over 45 in a week are overtime hours), so each weekday you have 123 unpaid overtime hours at $42/hour for an unpaid overtime claim of $5,166 per week. Liquidated damages for a willful failure to pay overtime could add an additional $1,968.00 per week to the claim. Plus, the law provides for interest, attorneys fees, and penalties for former workers.

For this one week, this hypothetical caregiver has a claim of $7,134.00. On a yearly basis, the claim exceeds $370,000. We have helped many caregivers whose claims exceed $700,000 in potential damages when working several years.

Caregivers can file claims going back a minimum of 3 years, likely 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 2021, you may 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.

In our experience, some caregivers are hesitant to move forward with claims because they are concerned about their immigration status, or agreed to work for a day rate below minimum wage. In California, undocumented workers are still entitled to overtime and have equal access to justice through the legal system. Also, even if a caregiver agreed to a day rate below the minimum wage, the law does not allow the parties to agree to a lower wage.

Other caregivers fear the legal process, feel obligated to their patients or agreed to work as an independent contractor. All of these concerns are addressed in our article, Top 7 Concerns Caregivers Have in Asserting an Unpaid Overtime Claim, available on our website at www.caregiverovertime.com/concerns.

If you are a caregiver working 24-hour shifts and are receiving less than $504.00 per day, we would love to talk to you about your legal rights. We provide compassionate and confidential consultations. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.

This article is an attorney advertisement written by Lauren Peterson, caregiver attorney at Rehwald Peterson in Westlake Village, CA. The law firm focuses on caregiver rights. Are examples are of a general nature and are not a guarantee regarding the outcome of your individual matter. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.www.caregiverovertime.com to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.

Caregivers for the elderly are regularly asked to provide overnight care to their clients when working 24-hour shifts. Often, caregivers supervise, monitor and provide assistance during the night. Overnight care is necessary for many patients who have trouble walking or going to the bathroom on their own. Patients with dementia often wake up confused or disoriented, requiring assistance and comfort during the night.

Many employers think that since a caregiver is allowed to sleep, and provided a place to stay, they do not have to pay for the overnight supervision and coverage caregivers provide. These employers may believe that “work” means that the caregiver is actively carrying out assigned duties and, since they are sleeping or resting, they are not working.

The idea that caregivers who work in private residences do not have to be paid for time spent sleeping is contrary to California law. In-home caregivers must be paid for all hours they are required to remain on the premises, under the control of their employer, even if they are sleeping, inactive, watching television or surfing the net. That means if you are not allowed to leave at night, you must be paid for all overnight hours.

The reason that compensation is required is that caregivers who are required to stay overnight are usually doing so for the benefit of their patient, who needs care and supervision 24-hours a day. Without overnight care, patients would likely need to be placed in a group home. In other cases, the label of “sleep-time” is inaccurate, because patients get up so often the caregiver must wake up several times each night and does not really get consistent sleep.

Many employers require the presence of the caregivers at night, but when caught not paying overnight wages, argue the caregivers stayed at the home for their own benefit, not the client’s benefit. To lessen liability, employers typically claim the caregivers did not have a place to live, did not want to drive home or simply enjoyed staying at the residence.

Further still, some employers create false time records showing only 8 or 16 hours of work to make it appear the caregiver is allowed to leave or not working at night. Some employers make explicit or implicit threats to fire employees if they do not sign false documents, leaving the caregivers with few options. The best way to keep your employer honest is document your time worked.

Many employers communicate by email or text message, and the instructions employers give may contradict the false time records they created. If you have emails or text messages from your employer, you should always save them. Save every communication, no matter how trivial it may seem, because it may end up being the most valuable piece of evidence in your case.

Caregivers working in Residential Care Facilities for the Elderly may also be entitled to compensation for sleep time when required to work at night or supervise patients while they sleep. There are limited circumstances where facilities are legally permitted to deduct sleep time. In reality, many facilities do not meet the requirements to deduct sleep time from hours worked and owe the caregivers compensation for hours worked providing overnight coverage.

If you are not paid sleep time and are required to remain on the premises overnight, you may have a valuable claim. The lawyers at Rehwald Peterson have litigated the issue of sleep time for in-home and facility caregivers many times. We know the law, and have detailed and specific strategies for sleep-time wage theft cases. Often, we are able to resolve claims without going to court. Our attorneys want to hear from you to learn more about your potential claims. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson for a free and confidential consultation.

This article is an attorney advertisement written by Lauren Peterson, caregiver attorney at Rehwald Peterson in Westlake Village, CA. The law firm focuses on caregiver rights. Please Call Or Text - (805) 807-4108 for Kevin Rehwald, and (805) 807-4110 for Lauren Peterson 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.