{"id":4376,"date":"2024-01-17T13:53:46","date_gmt":"2024-01-17T13:53:46","guid":{"rendered":"https:\/\/liberationlawgroup.com\/employment-lawyer-for-caregivers\/"},"modified":"2026-10-20T17:47:59","modified_gmt":"2026-10-20T17:47:59","slug":"employment-lawyer-for-caregivers","status":"publish","type":"post","link":"https:\/\/liberationlawgroup.com\/en\/employment-lawyer-for-caregivers\/","title":{"rendered":"Employment lawyer for caregivers"},"content":{"rendered":"

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 \u2014 including those working in private homes and care facilities.
\nRecognizing 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<\/strong> for a free phone consultation \u2014 we guarantee you will speak with an attorney. We speak English and Spanish.
\nUnpaid Overtime for Caregivers | Wage Theft
\nCalifornia’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 \u2014 which can lead to recoveries of tens of thousands of dollars.
\nRights of Hispanic and Latina Caregivers in California
\nOur 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<\/strong> for a free consultation with attorney Arlo Uriarte immediately.
\nRights of In-Home Caregivers in San Francisco
\nFor 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.
\nLive-in caregivers<\/strong> 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.
\nNon-live-in caregivers<\/strong> 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.
\nCaregivers in a private home<\/strong> 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.
\nCaregiver Rest Time Rights
\nMany 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<\/strong> to evaluate your specific situation.
\nFiling a Wage Claim as a Caregiver
\nSome 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.
\nContact an Employment Attorney for Caregivers in San Francisco
\nIf 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 \u2014 such as lifting or moving a large elderly person when you are physically unable \u2014 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.
\nWe serve caregivers in San Francisco, Marin County, San Mateo County, Napa County, Sonoma County, and throughout Northern California. Call 1-888-442-2642<\/strong> or contact us through our consultation form \u2014 no obligation.<\/p>\n

Do you need legal help today?<\/strong>
\nAttorney Arlo Uriarte can evaluate your case \u2014 free, in Spanish. 1-888-442-2642<\/strong> \u2014 free consultation here.<\/a><\/p>\n

Frequently Asked Questions \u2014 Caregiver Rights in California
\nHow is the correct wage calculated for a caregiver in California?
\nThe correct wage depends on several variables. First, you are entitled to the current minimum wage \u2014 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\u201360 hours per week at a flat weekly rate \u2014 which frequently violates both minimum wage and overtime rights. A quick calculation can reveal whether you are owed wages. Call 1-888-442-2642<\/strong>.
\nAm I entitled to paid sick days as a caregiver?
\nYes. California requires all employees \u2014 including caregivers and domestic workers \u2014 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<\/strong>.
\nDoes the Domestic Worker Bill of Rights apply if I work for just one family?
\nYes. California’s Domestic Worker Bill of Rights was designed precisely for this situation \u2014 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<\/strong> if you have questions about whether the law applies to your specific situation.
\nWhat do I do if the family that employs me asks me to do more than we agreed?
\nIf your employer asks you to perform additional work that was not originally agreed upon \u2014 whether more hours, more tasks, or work of a different nature \u2014 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<\/strong>.
\nAm I protected if I am sexually harassed by a member of the employing family?
\nYes. California’s FEHA protects domestic workers against sexual harassment \u2014 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 \u2014 meaning you can go to court before a jury. We handle these cases with complete confidentiality. Read about your rights against sexual harassment.<\/a> Call 1-888-442-2642<\/strong>.
\nCan I file a claim if I worked for a family for years without a written contract?
\nYes. 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 \u2014 cash payment, no pay stubs, no contract \u2014 you can claim the wages you were not correctly paid within the applicable statute of limitations (3\u20134 years). An attorney can help you build the case with available evidence. Call 1-888-442-2642<\/strong>.
\nHow much could my wage theft case as a caregiver be worth?
\nWith 2\u20134 years of overtime violations and other violations, in similar cases what can be claimed varies with the circumstances of each case, 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<\/strong>.
\nDoes Liberation Law Group serve caregivers throughout Northern California?
\nYes. We represent caregivers in San Francisco, Marin County, San Mateo County, Oakland, Napa County, and throughout the region. Call 1-888-442-2642<\/strong>.<\/p>\n

Liberation Law Group \u2014 Employment Attorneys for Workers<\/strong>
\n2760 Mission Street 2nd floor, San Francisco, CA 94110
\n1-888-442-2642<\/strong>
\nFree Consultation in Spanish \u2014 No Obligation \u2014 No Fee Unless We Win<\/p>\n","protected":false},"excerpt":{"rendered":"

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 \u2014 including those working in private homes and care facilities. Recognizing the challenges […]<\/p>\n","protected":false},"author":1,"featured_media":4380,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[824],"tags":[812,819,817,821,814,813,818,823,816,815],"class_list":["post-4376","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-domestic-workers","tag-caregiver-lawyer","tag-caregiver-lawyer-san-francisco","tag-caregiver-overtime","tag-caregiver-rights-at-home","tag-caregiver-rights-lawsuit","tag-caregiver-rights-lawyer","tag-caregiver-wage-theft","tag-home-caregivers-san-francisco","tag-hours-worked","tag-unpaid-overtime"],"_links":{"self":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/comments?post=4376"}],"version-history":[{"count":0,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4376\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media\/4380"}],"wp:attachment":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media?parent=4376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/categories?post=4376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/tags?post=4376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}