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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Old Jun 9th, 2015, 02:02 PM   #5
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Angry Re: Live in caregiver state laws: California?

Well, I love your advice but... sounds like to me you are not that familiar with caregiving and how that all works. I have to say this..... You have one dementia patient... many times a man a wife. If you know dementia at all, you can tell them every second what the laws are.... what your hours are....you can post it on their door, your door, on the ceiling... fridg....anywhere... and dementia patients are NOT going to care one way or the other. This is dementia. They will interrupt you constantly...this is dementia. They don't care what you needs are... they don't care about any contract (usually a family member has drawn up the contract.. not the dementia patient because they is why you are there.... they can't understand things... you can't reason with dementia patients. They come into your room a million times during the day.. night..morning... afternoon, evening... The ONLY thing to do with these patients is to put them on 24 hour shifts or...better yet, 12 hour or 8 hour shifts. And agencies don't want to do that.... and why? Because live-in shifts cost the family a whole lot less money and they don't want to hear that that care they have been getting is more complicated; is changing and that change means the cost of care has gone up... and has gone up a lot. Agencies, some agencies will not go from live-ins to shift work. You either need to report them..like the person "up there" told you.. which is what I certainly suggest.....go to the Labor Board in your state.. but you need to have documented... Have your ducks in a row. Know what you are talking about. And for peats sake.... don't change your stories... You have to know what happened... when.. who you talked to... and what they told you and what you said. Know what you signed in your contract. Again, most agencies don't care if you are not getting your rest.... they want the money.... and they will do pretty much anything to make that client happy... the family, that is. They don't want to lose that client. Raising the cost,,, may do that. The family may just choose to go with another agency and will do the same thing to them and their caregivers. Sad as it is, this is the way it is.
I live in Oklahoma and am 62... been doing this a long time. And another fact... your agency may just up and decide that you are causing too much trouble and fire you. I would suggest.... quit the agency you are with now... and go find work somewhere else.
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