If you work caring for elderly people, people with disabilities, or children in California — whether in a private home, a care residence, or a day center — you are part of one of the most important labor sectors in the state. You are also part of one of the sectors where wage theft is most frequent and systematic. Liberation Law Group has represented caregivers throughout Northern California to recover stolen wages, and this article explains exactly what your rights are.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
Why Wage Theft Is So Common in the Care Sector
The care sector has characteristics that make it especially vulnerable to wage theft. Caregivers frequently work alone in private homes, away from the oversight of regulatory agencies. The work sometimes extends beyond agreed-upon hours without additional compensation. Many caregivers are immigrants who are not familiar with their legal rights. And employers — whether individual families or agencies — often assume caregivers will not speak up.
In California, the care sector includes: elderly caregivers in private homes or care residences, certified personal care workers (IHSS), nannies and au pairs, long-term care home staff, adult day center workers, and in-home health aides.
The Most Common Forms of Wage Theft in the Care Sector
Unpaid Overtime
California’s Domestic Worker Bill of Rights establishes specific overtime rules for caregivers. If you live with your employer (live-in), you are entitled to overtime after 9 hours in a day or 45 hours in a week. If you do not live with the employer, standard rules apply: 1.5x after 8 daily hours, 2x after 12 hours. Learn how to claim unpaid overtime in California.
Illegal Flat-Rate Pay
One of the most common violations: “We pay you $300 per week no matter how many hours you work.” If that rate results in less than minimum wage per hour worked, or if it does not include overtime pay, it is illegal — regardless of whether you “agreed” to that rate. In California you cannot contractually waive your right to minimum wage or overtime. Read about wage theft and how to recover your full pay.
Unpaid On-Call Time
If you must remain at the home or be available to the employer overnight or on weekends — even if you are not actively providing care — that time may be compensable work time. California law has specific rules about when on-call time must be paid.
Denied Rest Breaks
Caregivers are also entitled to 10-minute rest breaks for every 4 hours worked and a 30-minute meal break. If your employer requires you to remain “available” during your breaks — ready to attend to the patient if needed — that may count as paid work time.
Misclassification as an Independent Contractor
Many care agencies classify their caregivers as independent contractors to avoid paying overtime, benefits, and insurance. Under California’s AB 5, this classification is frequently incorrect — and misclassified caregivers can recover all the benefits they were denied. Read about misclassification lawsuits.
Do you work in caregiving and are not receiving what you are owed?
Attorney Arlo Uriarte can evaluate your case today — free, in Spanish. 1-888-442-2642 — free consultation here — 24/7.
Special Protections for IHSS Caregivers
Workers in California’s IHSS (In-Home Supportive Services) program have specific protections. Since 2015, IHSS workers have been entitled to overtime under U.S. Department of Labor regulations. If you work for multiple IHSS recipients, the total of your hours across all of them may qualify for overtime. If your IHSS employer is not paying overtime correctly, you have a legal claim.
Areas of California with the Highest Concentration of Caregivers
Demand for caregivers is especially high in areas with greater concentrations of elderly residents and high-income families:
San Francisco: Pacific Heights, Sea Cliff, Nob Hill, and other high-income areas with strong demand for elderly and childcare workers.
Marin County: Tiburon, Belvedere, Ross — areas with a high concentration of families who employ caregivers, frequently using illegal flat-rate pay.
San Mateo County: Atherton, Hillsborough, Woodside — tech and finance families who frequently are unaware of — or choose to ignore — domestic worker laws.
Pleasanton, Fremont, and the East Bay: High concentration of elderly care homes and adult day centers.
How Much You Can Recover as a Caregiver
In caregiver cases involving 2 to 4 years of violations, we have seen recoveries between $20,000 and $80,000 including unpaid wages, rest period penalties, waiting time penalties, and interest. If your case involves misclassification as a contractor, you can add lost benefits such as unemployment insurance and workers’ compensation. For caregivers who also experienced sexual harassment in addition to wage theft, the value of the case can be significantly higher. Read about domestic workers’ rights in California.
Have you been working for years without receiving overtime pay?
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. We assess exactly how much you are owed. Free consultation in Spanish — no cost — 24/7.
Frequently Asked Questions — Wage Theft in the Care Sector
Am I entitled to overtime as an elderly caregiver in California?
Yes. California’s Domestic Worker Bill of Rights establishes specific overtime rules for caregivers. If you do not live with the employer, standard rules apply: 1.5x after 8 daily hours. If you are a live-in caregiver, you are entitled to overtime after 9 daily hours or 45 weekly hours. Many caregivers have been working 50, 60, or more hours per week without receiving correct overtime pay. This can add up to years of stolen wages that you can recover. Call 1-888-442-2642 to evaluate how much you are owed.
Can my care agency classify me as an independent contractor?
Under California’s AB 5, independent contractor classification is very difficult for care agencies to justify. If the agency controls your schedule, assigns you to clients, and determines how you perform your work — you are probably an employee, not a contractor. Misclassification strips you of overtime, unemployment insurance, workers’ compensation, and other benefits you can claim retroactively. Call 1-888-442-2642 so we can evaluate your situation.
Can I claim for the nights I spend at the employer’s home?
It depends. In California, overnight on-call time — when you must remain on the premises but are not actively working — can be compensable work time depending on the degree of restriction on your activities. If during the night you must respond to the patient’s needs, cannot sleep off-site, or your activities are significantly restricted, that time may count as work hours. An analysis of your specific situation can determine how many of those overnight hours are claimable. Call 1-888-442-2642.
How long do I have to claim unpaid wages as a caregiver?
For claims under the California Labor Code you have 3 years from each violation (4 years under the UCL). Because violations occur with each incorrect pay period, the deadline covers the last 3–4 years of your employment. If you have been working for 5 or more years without overtime pay, you can claim the most recent 3–4 years — which can represent tens of thousands of dollars. The clock is running now — call 1-888-442-2642.
Can I file a claim if the family I work for has little money?
Yes. Your right to claim the wages you are owed does not depend on your employer’s financial capacity — it depends on the violations committed. Even if the employing family does not have many resources, the legal process can result in compensation through their assets, insurance, or installment payments. Additionally, if you work through an agency, the agency generally has greater financial capacity than the individual family. An attorney can evaluate the best recovery options for your situation. Call 1-888-442-2642.
What if the family threatens me with immigration enforcement if I claim my wages?
That is illegal retaliation. California Labor Code Section 1019 prohibits any employer — including a family that employs you in their home — from threatening to report your immigration status as retaliation for asserting your employment rights. Each threat can result in penalties of up to $10,000 for the employing family. If you received that threat, document exactly what was said and call 1-888-442-2642 immediately. We handle all cases with absolute confidentiality.
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. If there was misclassification as a contractor, lost benefits are added to the recovery. 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 with attorney Arlo Uriarte can give you a concrete estimate based on your situation. Call 1-888-442-2642.
Does Liberation Law Group handle caregiver cases throughout Northern California?
Yes. We represent caregivers in San Francisco, Marin County, San Mateo County, Oakland, Fremont, Pleasanton, and throughout the region. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Your Work Deserves Fair Compensation — Act Today
Caring for elderly people, children, and people with disabilities is one of the most important and demanding jobs that exists. You deserve to be fairly compensated for every hour you work. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
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
