Our employment attorneys in San Francisco are dedicated to representing caregivers in employment lawsuits, focusing specifically on unpaid wages, overtime, and rest time. Attorney Arlo Uriarte serves caregivers throughout the San Francisco Bay Area, San Mateo, Oakland, Berkeley, Fremont, and San Jose — including those working in private homes and care facilities.
Recognizing the challenges faced by many caregivers who effectively work 24-hour shifts, endure financial hardship, and legitimately deserve compensation, our firm takes immediate action to secure recovery before employers can hide assets and deny caregivers their legally owed compensation. Call 1-888-442-2642 for a free phone consultation — we guarantee you will speak with an attorney. 24/7 in English and Spanish.
Unpaid Overtime for Caregivers | Wage Theft
California’s overtime laws protect facility care workers who work more than 8 hours per day, and private in-home caregivers who work more than 9 hours per day. Sleep time deductions under California employment law often entitle caregivers to compensation for sleep time spent at the employer’s facility or the client’s home. This results in significant employment law claims for California caregivers on 24-hour shifts who sleep on the premises — which can lead to recoveries of tens of thousands of dollars.
Rights of Hispanic and Latina Caregivers in California
Our employment attorneys understand that Hispanic caregivers are frequently victims of wage theft. In many cases, Hispanic caregivers are required to work 24-hour shifts but are only paid for 8 hours. Cases involving falsified time cards and claims that caregivers are “off duty” despite not being permitted to leave the premises are unfortunately common. California law generally supports caregivers in traditional care environments or live-in situations, providing substantial remedies for employment law violations. Call 1-888-442-2642 for a free consultation with attorney Arlo Uriarte immediately.
Rights of In-Home Caregivers in San Francisco
For caregivers working in private homes, California’s Wage Order 15 and the Domestic Worker Bill of Rights protect the right to overtime pay regardless of whether minimum wage or any wage has been paid.
Live-in caregivers who spend more than 20% of their workday on tasks other than personal care are entitled to overtime pay for hours worked beyond 9 in a day, and for the first 9 hours worked on the sixth and seventh consecutive day in a workweek.
Non-live-in caregivers who spend more than 20% of their workday on tasks other than personal care are entitled to overtime pay for hours worked beyond 8 in a day or 40 in a week; overtime pay for the first 8 hours worked on the seventh consecutive day in a workweek; and double pay for hours worked beyond 12 in a day and more than 8 on the seventh consecutive day in a workweek.
Caregivers in a private home who spend less than 20% of their day on tasks other than personal care are entitled to overtime for hours worked beyond 9 in a day and more than 45 in a week.
Caregiver Rest Time Rights
Many live-in caregivers must be available around the clock, responding to their employer’s or client’s personal care needs. This can involve being awakened at night to provide care. As a result, many live-in caregivers are entitled to compensation for on-call hours during their sleep time. If you are required to remain at the home overnight and cannot freely leave, that time may be compensable work time under California law. Call 1-888-442-2642 to evaluate your specific situation.
Filing a Wage Claim as a Caregiver
Some caregivers file wage claims with the State Labor Commissioner seeking to recover unpaid wages, overtime, and sleep time pay. Unfortunately, these claims often face significant delays and can be challenged by employers using asset protection strategies. In complex cases, it is advisable to hire an employment attorney with experience in caregiver cases to file a civil lawsuit that maximizes your recovery.
Contact an Employment Attorney for Caregivers in San Francisco
If you are a caregiver in the San Francisco area and your hours are being abused, you are not being paid overtime, you are being required to perform tasks beyond what you can safely do — such as lifting or moving a large elderly person when you are physically unable — or you are experiencing any form of employment discrimination or abuse from your employer or the household where you work, you need to consult with an employment attorney about your rights and legal options.
We serve caregivers in San Francisco, Marin County, San Mateo County, Napa County, Sonoma County, and throughout Northern California. Call 1-888-442-2642 or contact us through our consultation form — no obligation.
Do you need legal help today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions — Caregiver Rights in California
How is the correct wage calculated for a caregiver in California?
The correct wage depends on several variables. First, you are entitled to the current minimum wage — in San Francisco it is higher than the state rate. Second, if you do not live with the employer, you are entitled to 1.5x after 8 daily hours or 40 weekly hours, and 2x after 12 daily hours. If you are live-in, overtime begins after 9 daily hours or 45 weekly hours. Many caregivers work 50–60 hours per week at a flat weekly rate — which frequently violates both minimum wage and overtime rights. A quick calculation can reveal whether you are owed wages. Call 1-888-442-2642.
Am I entitled to paid sick days as a caregiver?
Yes. California requires all employees — including caregivers and domestic workers — to accrue at least 5 paid sick days per year (40 hours). San Francisco has a more generous requirement. If your employer does not allow you to take paid sick days, or if they deduct your pay when you are sick, that may be an additional violation. Caregivers who work for agencies have the same sick day rights as any other employee of the agency. Call 1-888-442-2642.
Does the Domestic Worker Bill of Rights apply if I work for just one family?
Yes. California’s Domestic Worker Bill of Rights was designed precisely for this situation — one worker, one employing family. It applies to any worker who performs domestic work in a private home, including cleaning, cooking, childcare, elderly care, or personal care. You do not need to work for multiple families or through an agency to have protection. Call 1-888-442-2642 if you have questions about whether the law applies to your specific situation.
What do I do if the family that employs me asks me to do more than we agreed?
If your employer asks you to perform additional work that was not originally agreed upon — whether more hours, more tasks, or work of a different nature — you have the right to be compensated for that additional work. If the additional hours result in overtime, they must be paid at 1.5x or 2x depending on the applicable rules. If the additional tasks fundamentally change the nature of the work, renegotiating the agreement may be necessary. Do not accept additional work without ensuring you will be correctly compensated. Call 1-888-442-2642.
Am I protected if I am sexually harassed by a member of the employing family?
Yes. California’s FEHA protects domestic workers against sexual harassment — even when the work takes place in a private home. If the employer or a member of their family sexually harasses you, you have grounds for a lawsuit. Additionally, since 2022, federal law prohibits the use of arbitration agreements in sexual harassment cases — meaning you can go to court before a jury. We handle these cases with complete confidentiality. Read about your rights against sexual harassment. Call 1-888-442-2642.
Can I file a claim if I worked for a family for years without a written contract?
Yes. The absence of a written contract does not eliminate your employment rights. California law protects workers regardless of whether they have a formal contract. Even if the employment relationship was entirely informal — cash payment, no pay stubs, no contract — you can claim the wages you were not correctly paid within the applicable statute of limitations (3–4 years). An attorney can help you build the case with available evidence. Call 1-888-442-2642.
How much could my wage theft case as a caregiver be worth?
With 2–4 years of overtime violations and other violations, in similar cases we have seen recoveries between $20,000 and $80,000+, including unpaid wages, rest period penalties, waiting time penalties, and interest. If there was misclassification as a contractor, lost benefits are added. If there was also sexual harassment in addition to wage theft, the value can be significantly higher due to emotional distress damages. A free evaluation can give you a concrete estimate. Call 1-888-442-2642.
Does Liberation Law Group serve caregivers throughout Northern California?
Yes. We represent caregivers in San Francisco, Marin County, San Mateo County, Oakland, Napa County, and throughout the region. Call 1-888-442-2642.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in Spanish — No Obligation — No Fee Unless We Win
