Daniel Chaleff Addresses ‘Minimum Pay’ for Caregivers in Balita Magazine

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Balita Magazine January 2023

24-HOUR LIVE-IN CAREGIVERS MUST BE PAID A MINIMUM OF $488.25 A DAY. IF YOU ARE PAID LESS, YOU LIKELY HAVE CLAIM FOR UNPAID OVERTIME.

By Daniel Chaleff

California has strict laws requiring overtime compensation for caregivers employed direct by families or through an agency to provide one-on-one care. If you are employed to provide 24-hour live-in care for a patient inside their home, you must be paid for all hours worked, including sleep time. Starting in 2023, the minimum pay is $488.25 a day. Paid hourly at $15.50 for the first 9 hours and $23.25 for the next 15 hours. Even if you agreed to work for a low daily rate (for example $300/day) you still must be paid hourly, with overtime, and a minimum of $488.25 a day, according to California law.

If you are employed by a family or agency to provide 24/7 care for an elderly patient inside the patients’ home, paid a daily rate or weekly salary, with no overtime, for several years, your claim is likely worth several hundred thousand dollars. Many of our clients have claims that exceed $500,000. If I am describing your situation, you should call for a free consultation now.

I know many caregivers are fearful of moving forward with valid claims due to their immigration status, a failure to pay taxes, or fear of the legal system. While all of these are valid concerns, in my opinion, the risks associated with these concerns are minimal versus the potentially lifechanging reward that awaits caregivers with the courage to move forward with claims. So many of my clients had recovered life changing settlements allowing them to retire to their home countries, make a down payment or build a home, help a child with education expenses, or send money to their families. If you would like to review an article that addresses common concerns caregivers have in pursuing an overtime claim, please visit my website at www.caregiverovertime.com/pa/concerns/.

I understand that the decision to move forward with an overtime claim can be difficult. Many caregivers I speak with are simply not ready to move forward at this time. That is okay. Even if our call does not result in your making a claim, I can provide valuable insight into your rights, educate you on the evidence needed to pursue your claim, and help you understand the powerful laws that can protect you from wage theft.

I want to hear from you now. Please call me at (818) 807-4168, this is my personal cell phone. I have a passion for helping caregivers and provide confidential and free consultations.

I want to assure you that all communications with me are confidential, and all consultations are free. I understand many caregivers work long hours with little free time. I am available for free consultations early in the morning before your patient awakens or late at night after your patient is asleep. I also work weekends. I do not pressure caregivers to make a claim. If I simply educate you about the law and give you some free advice that would make me happy. Even if you are not ready to make a claim now, you should reach out and speak with me about your claim. I can provide valuable advice about your situation and talk with you about the best time to make a claim.