Facility Caregiver

Caregivers employed in Residential Care Facilities play a vital role in supporting elderly and disabled individuals, as well as their families. These dedicated professionals often work extensive hours, sometimes up to 24 hours a day, to ensure that the needs of residents are met. Despite their critical contributions, many caregivers find themselves grossly underpaid, raising significant concerns regarding labor rights and ethical employment practices.

In California, caregivers are protected by laws that safeguard them against wage theft. Under these regulations, all caregivers are entitled to receive at least the minimum wage for every hour worked. As of 2024, the minimum wage in California is set at $16.00 per hour. Furthermore, caregivers are entitled to overtime compensation for hours worked beyond eight in a day or 40 in a week, and double time for hours exceeding 12 in a day. For caregivers working 24-hour shifts, this means a minimum daily wage of $608.00, which includes various pay rates for different hours worked.

Unfortunately, many employers in Residential Care Facilities circumvent these legal requirements by offering salaries that do not reflect the actual hours worked. Such practices are misleading, as a salary does not exempt caregivers from minimum wage or overtime laws. Consequently, non-exempt caregivers receiving a salary may find themselves unpaid for substantial portions of their work, particularly if they exceed the standard eight-hour workday.

Additionally, some facility owners improperly deduct sleep time from caregivers’ hours worked. However, if caregivers are required to remain on the premises and assist residents during the night, they must be compensated for this time. Misclassifying caregivers as independent contractors rather than employees is another common violation of labor laws. California law presumes that individuals providing services are employees, and the high level of control exerted by employers in these settings further supports this classification.

Importantly, caregivers are entitled to employment law protections regardless of their immigration status. California Labor Code § 1171.5 explicitly prohibits the use of immigration status as a defense against claims for unpaid wages. This means that all workers, irrespective of their background, are entitled to fair compensation for their labor.

Given the essential services caregivers provide, it is imperative that they receive appropriate remuneration in accordance with California law. Those who believe they have been underpaid should seek assistance to ensure they are compensated fairly for their work. Organizations such as Rehwald Peterson offer confidential consultations to help caregivers understand their rights and pursue justice. In doing so, we honor the dedication and hard work of caregivers, ensuring they are treated with the respect and dignity they deserve.