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Overtime for live in caregiver -- Labor laws for overtime, California

This is a discussion on Overtime for live in caregiver -- Labor laws for overtime, California within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; I am starting a non-medical senior care business in California. There are a number of companies in my area already. ...

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Old Feb 8th, 2008, 07:09 PM   #1
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Default Overtime for live in caregiver -- Labor laws for overtime, California

I am starting a non-medical senior care business in California. There are a number of companies in my area already. The majority of my business would be hourly under 8 hour sessions, but I would eventually like to provide 24 hr live-in care. When I called some of the other companies in my area conducting a market analysis, they were charging $200.00 a day for 24 hr care(over 20 of them are at this rate). Most of them were using one or two cargivers to provide the service.
(one 24 hr shift or two 12 hour shifts).

Well my questions are:
1. how are they doing this and saying within the limits of the labor laws for overtime?

2. If I provided the service in 8 hour shifts at $8.00/hr my labor costs would be $192.00 for wages alone.(and worse with the 12 and 24 hr shifts). How is it cheaper for them to provide the 24 hr or two 12 hr shifts? (they must be paid a flat rate or be classified as exempt?)


3. where can I find information on this? and How can I protect myself from avoiding a wage/hour lawsuit. I have been told that there have been lawsuits for back overtime pay for this exact situation already here in California and they have put companies out of business with one lawsuit because it can be years of service.
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Old Dec 9th, 2008, 02:31 PM   #2
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

Not sure if your question has been answered, but there are state and federal labor laws that allow 24 hour shifts to be exempt from OT as long as they meet certain criterion/provisions. The California Assoc. for Health Services at Home (CAHSAH) and National Private Duty Assoc. (NPDA) are good organizations to join if you are starting a home care business in CA.

If you have any questions, feel free to contact me. My name is Kraig. I've run home care businesses, done home care acquisitions, and consulted for many start ups and exisiting companies in many states.

Best regards,

Kraig
kmnakano@yahoo.com
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Old Aug 20th, 2009, 12:19 PM   #3
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

Kraig or jsfantazia

Hi there, we're you able to get an answer from your posting? I am in the same business and wanted to know the guidelines too and procedures in hiring/paying caregivers as hourly and/or live-in. Also how are caregivers classified, an employee or independent contractors? From what Im reading its very hard to figure out who is an employee and independent contractor, esp in CA where labor law is very strict.

I appreciate your response and input. Lets help each other about this issue

thanks
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Old Sep 2nd, 2009, 05:46 PM   #4
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

Quote:
Originally Posted by Unregistered View Post
Not sure if your question has been answered, but there are state and federal labor laws that allow 24 hour shifts to be exempt from OT as long as they meet certain criterion/provisions. The California Assoc. for Health Services at Home (CAHSAH) and National Private Duty Assoc. (NPDA) are good organizations to join if you are starting a home care business in CA.

If you have any questions, feel free to contact me. My name is Kraig. I've run home care businesses, done home care acquisitions, and consulted for many start ups and exisiting companies in many states.

Best regards,

Kraig
kmnakano@yahoo.com
Hi Kraig,

Can you please elaborate on the criteria/provisions you alluded to above? Thanks.
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Old Sep 7th, 2009, 05:08 PM   #5
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

Do some research on Division of Labor Standards Enforcement - Home Page

That's the website for the California Division of Labor Standards Enforcement (Labor Commissioner). Look up the:
Enforcement & Interpretations Manual - click here
Opinion Letters - click here
Wage Orders - click here
Frequently Asked Questions - click here

And if you still cannot find the information you are looking for, try contacting a DLSE district office. Division of Labor Standards Enforcement - District offices click here
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Old Apr 30th, 2010, 08:55 AM   #6
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

An independent contractor wouldnt apply to any employee that takes direction from and employer.
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Originally Posted by yeboy1 View Post
Kraig or jsfantazia

Hi there, we're you able to get an answer from your posting? I am in the same business and wanted to know the guidelines too and procedures in hiring/paying caregivers as hourly and/or live-in. Also how are caregivers classified, an employee or independent contractors? From what Im reading its very hard to figure out who is an employee and independent contractor, esp in CA where labor law is very strict.

I appreciate your response and input. Lets help each other about this issue

thanks
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Old Mar 8th, 2011, 08:51 AM   #7
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Default re: Overtime for live in caregiver -- Labor laws for overtime, California

I am a private caregiver, and am trying to figure out if I am an independent contractor or not. Or to what extent the client or I may have a choice in determining that, or are able to set our agreements so that we can be in compliance with the laws. In most cases, the client is giving me some direction, ie. what they want for breakfast, what they want cleaned, etc. But when I just clean, I bring my own tools and supplies.

Most of my clients only hire me for a few hours per week. They are also seniors with limited ability to manage complex financial affairs, such as would be required of an employer: all the payroll deductions, calculating their and employees' taxes owed, etc.

I mean, if I'm driving someone to the grocery store once a week, or cleaning their home and doing laundry 2 hours per week, requiring a very feeble senior to have to do all of that bookkeeping as an employer seems unreasonable, even if I am taking their direction. Even when I work for a younger person of sound mind and body, in their home, doing cleaning, organizing, or paperwork, for a few hours here once every few weeks, it seems impractical for them to have to do all the paperwork of an employer for so little time they are hiring me.

Any thoughts on these, anyone?

**
On the other hand, I have had a couple of clients who need round the clock care. One has a son who could handle the employer paperwork, another had no one to help him except me, and it was only for a brief number of days, until we could get him additional help from an agency, and then a few more weeks of 10-16 hours, 5-6 days/week of my work for him until we could get him into a board and care.

I really wish the State of California would print a guidebook, with all applicable laws, and plain English explanations of how both independent caregivers and their employers/clients are supposed to handle these situations. It should include a list of all the deductions employers must make, and all the insurance, etc. they must provide. And same for independent contractors.

Just the complexity and confusion becomes a barrier to good, honest people doing the right thing. I've been researching this (in my free time) for a year now, and it just gets muddier every time I search the web on this. I want to run a legal business, but am bewildered how to do so, especially as a start-up needing to take such varied clients.

Any input appreciated.
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Old Aug 25th, 2011, 11:17 AM   #8
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Confused Re: Overtime for live in caregiver -- Labor laws for overtime, 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 fiance 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 Nov 11th, 2011, 01:52 AM   #9
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Default Overtime for live in caregiver -- Labor laws for overtime, California

Your boss is absolutely violating the law. You should at least be receiving minimum wage (today, in CA, it is $8 an hour) for all time on your 24 hour live in assignment. A deduction for 8 hours can be made if you are allowed 8 hours sleep during that 24 hour period, and 5 of those 8 hours must be "uninterrupted", have reasonable sleeping accommodations, perform NO medical care (BP readings, dispense meds, etc), no more than 20% of your total daily duties can be housekeeping in nature (this needs further explanation) and be working in a private home (not in a senior community).

If you work under these guidelines (and a few others), the employer is then only exempt from CA Overtime laws and can make a legal deduction for sleep time.

You don't need to stay with that employer. Report him to the EDD and let them know he is not paying fair wages, probably not withholding payroll taxes (which is a liability for you too) and not providing you with workers compensation coverage in the event of a work related accident.

He should be ashamed.

There are reputable companies in your area to work for. Look at the NPDA website to find those who abide by CA labor laws.

These "bad apples" are being closed in on by tax agencies because of their attempts to circumvent laws that govern California employers. His time is numbered.

You work too hard to accept such poor treatment. Be proud of your service to our seniors and find someone who treats you with the dignity and respect you deserved.


From: A reputable and quality home care agency (who is in cooperation with the NPDA compiling a list of such violators, to be used by the EDD in their continued work to penalize violators and close them down).
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Old Jan 28th, 2012, 01:07 AM   #10
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Default Overtime for live in caregiver -- Labor laws for overtime, California

The overtime laws for people who work as care givers, personal attendants, child care workers, or other types of attendants can be complicated. This page will discuss the basics of this type of work.

There are a wide variety of care provider jobs, from child care workers to those that work with the disabled or handicapped as well as the aged. The positions can require that the employee live on-site at the facility or only report to work; each arrangement has its own unique issues.

Before we get into the various laws, I want to state what is NOT covered in this page. If you work as a Registered Nurse, you are entitled to overtime, so you do not need to read this page. If you work as a personal assistant, cook, maid or other type of personal servant, you are likely entitled to overtime, but this type of work is not covered on this page.

You should also note that in this industry, there are frequently minimum wage violations as well as overtime violations. In general, even if you are exempt from overtime pay in this industry, you are likely still entitled to minimum wage. However, I can not address every minimum wage issue here and will focus more on overtime.

Nothing in the foregoing discussion is meant to be legal advice and does not serve to establish an attorney-client relationship. Any statements, on this page or elsewhere, are not guarantees of any outcome.
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