Caretakers and Unpaid Overtime

by Norman B. Blumenthal on March 18, 2014

San Diego California employment attorney Recent court proceedings have provided California caretakers with clearer boundaries regarding unpaid overtime and whether or not personal attendants and caregivers are eligible. Many caretakers work countless hours that are left unpaid. When it comes to unpaid overtime for caretakers, it’s very important to be clear regarding the details of the job at hand.

Certain types of positions are eligible for overtime, while others are not. For instance, a personal attendant may be eligible for overtime pay if a significant amount of their work on top of the general care (feeding, clothing, etc.) If a personal attendant spends more than 20% of their work hours doing “other” tasks, they may be eligible to sue for overtime pay. Other tasks can be defined as housework outside of the clients’ immediate personal space. Completing housework in addition to this would result in finding that the employee is more than simply a personal attendant. Other duties that would result in similar findings would include grounds keeping duties, which would lead to a categorization as caretaker rather than personal attendant. Caretakers are eligible for overtime. Additional or special training would also make one eligible for overtime under the health care services exception to the personal attendant category. This includes, but is not limited to professional, registered, graduate or trained nurses.

 

If you were hired as a personal attendant, but feel that your duties have eclipsed what they were originally or your hours are going unpaid, call Blumenthall, Nordrehaug & Bhowmik today to discuss the details.

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