Live in caregiver state laws: California?

This is a discussion on Live in caregiver state laws: California? within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; I am a live in caregiver and i have questions about the laws. Ive been searching the internet for days ...

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Old Aug 25th, 2011, 05:48 PM   #1
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Default Live in caregiver state laws: California?

I am a live in caregiver and i have questions about the laws. Ive been searching the internet for days and still have found nothing. I work 24 hour shifts about 3-5 days a week. I only make 105 a day because the owner says I only get paid for 12 hours. The other 12 is broken down into 4 hours worth of uninterrupted breaks, and 8 hours of uninterrupted sleep. On a daily basis i find myself not getting anymore than a few hours of sleep and no breaks at all. I typically end up working 18-20 hours a day. I dont ever get compensated for the 6-8 hours I work extra. Ive brought this issue up to my bosses on a weekly basis for the past year. Is there any law that I can use to help me? or anything I can do? Im only in my early 20's and I find myself getting medical problems, losing my social life and pushing my boyfriend away, and im always tired and have the energy level of a 70 year old. Please help, I have no idea what i can do in my situation, but I really need to do something...
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Old Aug 25th, 2011, 10:12 PM   #2
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Default Re: Live in caregiver state laws: California?

I wish to inform you that your contract after which you were made live in caregiver will govern your rights. In this generally a person cannot be made to work for 20 hours and also pay less then agreed amount. The amount which is agreed must be paid. If your are not being paid for around 6 hours then you may give a notice to other party and demand wages. If wages are unpaid then a lawsuit may be filed for recovery of wages.

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Old Aug 26th, 2011, 12:05 AM   #3
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Default Re: Live in caregiver state laws: California?

Thank you, that is more helpful than what ive found so far. I do know in our contracts it says 4 hours throughout the day of breaks, and 8 hours of uninterrupted sleep, but neither of those are ever given. Is there something i can do about those?
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Old Jul 22nd, 2012, 04:58 PM   #4
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Thank you, that is more helpful than what ive found so far. I do know in our contracts it says 4 hours throughout the day of breaks, and 8 hours of uninterrupted sleep, but neither of those are ever given. Is there something i can do about those?
Yes. Tell them you are taking your break at such and such time and will be available again at such and such a time then go in break and DO NOT respond to their requests during that time (unless it's life threatening of course) and refer them to contact whomever is to be contacted in your absence. At night let them know you are going to sleep and will be available again at ______ time. I would even make up a schedule of when you are "on" and when you are "off" and post it where it can be clearly seen by the client as well as making copies for family members then STICK TO IT AND DON'T GET UP OR GO OFF YOUR BREAKS UNTIL YOU'RE SCHEDULED TO. No one will enforce this but you and the client had no reason to use other resources as long as you keep giving in and if you feel "bad" or ""guilty" that's your issue to resolve. There is no reason to and if you quit believe me the next person that comes in will have no problem sticking to the schedule so they will get the same treatment without you anyway and you'll be sick and unemployed. You are not there to save or rescue them. You are an employee working under a contract they agreed do. Now put on your big girl panties and lay down the law cause if you don't no one will and again when you're too suck to work anymore the next person will have no problem doing it and you'll have nothing but your resentment to show for all the extra work you did for no pay or rest. Sorry to be tough on you but I went through this myself and when I finally put down my foot the client actually respected me more, treated me better and I got my life and health back. Good luck ! You are the captain of your ship not a sailor on theirs!
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