There are many people employed as caregivers, live in attendants and nurses in California who should be paid overtime under the Labor Code. Often employers pay caregivers and nurses a flat hourly rate and no overtime. In some instances these employees are working ten to twelve hour shifts or even acting as live in caregivers or nurses who stay with a patient or in a care home 24 hours a day.
The following types of employees may be eligible for overtime pay:
- Caregivers or nurses working in privately owned care facility with multiple patients
- Caregivers or nurses living and working in a care facility
- Caregivers or nurses working and or living in a clients home may be entitled to overtime
- Caregivers or nurses employed by an agency and working in multiple client homes
Caregivers or Nurses are not eligible for overtime pay if they fall within the “personal attendant” exemption. To be exempt from overtime a caregiver or nurse must spend the majority of their time supervising, feeding, dressing someone, administering medications, bathing someone, bathroom assistance, trips to doctors and shopping for groceries and personal items.
However, if a caregiver or nurse spends more than 20% of their time performing duties which are not strictly caregiver duties, mainly housekeeping duties, they may be entitled to overtime wages. Often times a caregiver or nurse employed in a household is called upon to perform a significant amount of housework. They are entitled to overtime pay.
Some examples of duties for which you should be paid overtime are: cleaning the house, cleaning the yard, mowing the lawn, cooking for people other than the patient, shopping or cooking for other members of the household, childcare, transportation etc.
Many times people employed as caregivers and private nurses are asked to do tasks other than caring for the patient. They may be entitled to overtime.
If you are employed as a caregiver or nurse and think you may be entitled to overtime wages you should contact an employment or labor law attorney who specializes in cases involving caregivers and nurses working in private homes and care facilities.
Strassburg, Gilmore & Wei, LLP has a team of lawyers who practice in labor and employment law. We are lawyers who handle cases involving caregivers, live in attendants and nurses working in private homes or care facilities who can help clients in Los Angeles County, Riverside County, San Bernardino County, Ventura County and Orange County. We have employment and overtime lawyers who handle cases in Pasadena, Los Angeles, Glendale, Burbank, San Gabriel, Arcadia, Alhambra, El Monte Pomona, Whittier, Compton, East Los Angeles, West Los Angeles, Van Nuys, San Fernando and Norwalk.