Employment rights of elder caregivers in California

Do you know what the employment rights of elder caregivers are in California?

Caregivers greatly facilitate the care of an elderly loved one. This type of work is usually a job that requires very close attention from the person who needs help and many hours of work. In this article, we are going to talk about the basic employment rights of elder caregivers and the type of payment they are entitled to when they work overtime.

An overview of caregiver compensation and working conditions

California employment law is the strictest in the country. It imposes requirements on when and how an employee is compensated, can take a break, or can use sick time. California also imposes serious penalties on employers who violate these laws, including monetary penalties or fines that they will have to pay to both the State and the employees. A mistake or failure to pay hours worked or overtime can cost an employer thousands of dollars in penalties or compensation.

Elder caregivers are subject to some exceptions due to the nature of their work. Care for the elderly refers to the care of sick people, such as nurses, caregivers, and assistants who help the elderly and other people who need assistance with basic daily care needs, including paying bills, feeding, clothing, washing, home maintenance, etc. But those expectations do not abandon the minefield of labor legislation that is less treacherous for the unwary employer, or the unwary client of a care company.

Rights of elder caregivers

Live-in caregivers are entitled to 12 consecutive hours off duty each day, except in certain emergency situations such as the current situation we are experiencing with the Coronavirus. But under normal circumstances, they receive three non-consecutive hours of off-duty rest during a 12-hour shift. The law also requires them to receive 24 hours off after every five days of work, except in certain emergencies such as those mentioned above.

Non-resident caregivers are entitled to meal and rest breaks. Their 30-minute unpaid off-duty meal break for shifts longer than five hours must begin before the end of the fifth hour of work. If the shift exceeds 10 hours, the caregiver has a second 30-minute off-duty break.

The state of California requires that an employee’s pay stub must include an employee identification number or the last four digits of the employee’s SSN, the exact number of hours worked, all pay rates, the pay period, and the address of the payer.

Who is an employer? Why does that matter?

In California, “employer” has three definitions. An employer is anyone who: “Suffers or permits” another person to perform work, which means anyone who knowingly allows another person to perform work on their behalf;

Exercises control over the worker’s working conditions; or Contracts with the worker to create an employment relationship. If a court determines that a person or entity meets any of those three definitions, the person or entity must comply with the strict laws imposed by California.

For older caregivers, the second definition causes most of the problems. Caregivers provide services that require significant instruction from and are tailored to the person they are caring for, such as paying bills, feeding, clothing, washing, and home maintenance. It could then be argued that definition (2) makes the elderly person an “employer” under California law.

That is true even though it is contradictory, especially considering that many caregivers work for companies that the elderly contact to obtain services. For the unwary elderly person or their family, contacting a care company is no different than calling a company that sends a plumber. For the family, they would not be an employer of the plumber, and they would be right. But due to the intimate nature of the time and tasks that caregivers provide, a court could declare the family or the elderly person as an employer.

Because of this, caregivers have begun filing lawsuits against individual seniors and their families, in addition to the caregiver’s employer. Every case is different: some families may prevail while others face significant financial liability for unpaid wages or other employment law violations. If you have questions about your rights as a worker caring for another person or an elderly person, you can speak with our San Francisco employment and employment law attorneys for a free consultation by calling (888)442-2642.

If you are a caregiver, how do you assert your rights?

Employment laws are enforced by the Wage and Hour Division of the U.S. Department of Labor and the Office of the Labor Commissioner of the State of California. However, the vast majority of claims are addressed in civil courts with the help of labor advisors familiar with matters related to elder care.

If you are a caregiver who has been hired directly by a family, or if you work for a company that does not comply with the law, you should quickly contact an attorney to ensure that your rights are protected. There are time limits on when you can file a claim, and if you miss them, you won’t be compensated for your work. To speak with a Employment defense attorney for caregivers in California, call (888)442-2642 as soon as possible.

There is usually no cost to the victim, out of pocket, as the attorney’s fees and costs must be paid by the settlement or court judgment. Call the attorneys for workers 24/7 today for a free consultation in Spanish.

Where We Serve

We serve senior care workers in San Francisco, Marin County, San Mateo County, Napa County, and the entire region.

Frequently Asked Questions

Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.