California In-Home Caregiving

If you are a 24-hour caregiver providing in-home care, you may be entitled to overtime compensation. If you receive a day rate, you likely have a valid claim, whether hired directly by the patient or through an agency. Most in-home caregivers should receive overtime for hours worked over 9 in a day or 45 in a week.

Starting January 2024, California law mandates a minimum payment of $504.00 per day for 24-hour caregivers. The first 9 hours can be paid at the state minimum wage of $16.00, totaling $144.00, with overtime at $24.00 per hour for the remaining 15 hours, adding $360.00.

Many caregivers earn significantly less, often between $200 and $350 per day. If you earn less than $504.00 per day, you may have a strong claim. Caregivers in cities with higher minimum wages must be compensated accordingly.

For example, a caregiver working 24-hour shifts, 5 days a week, at a day rate of $270 would have an unpaid overtime claim calculated as follows: dividing the daily salary of $270 by 9 hours gives a regular rate of $30.00 per hour, with an overtime rate of $45.00 per hour. This results in a daily unpaid overtime claim of $675 (15 hours at $45 each). Additionally, liquidated damages for willful non-payment could add $240.00 per day (15 hours at $16.00 each), along with interest, attorney fees, and penalties.

In this scenario, the caregiver could be owed $3,375 weekly in unpaid overtime, exceeding $175,000 annually. This amount does not include liquidated damages, penalties, or interest. We have assisted many caregivers with claims exceeding $500,000 over several years.

Caregivers can file claims for up to 4 years from the lawsuit date, and due to court closures from COVID, claims may extend even further. We have successfully helped many caregivers file against former employers, and if you last worked in 2021, you may still pursue a claim if your employer is alive.

If you're a caregiver unsure about filing a claim, please visit our website at www.rlg4caregivers.com to read our article addressing common concerns. If you work 24-hour shifts and earn less than $504.00 per day, we want to discuss your legal rights. We offer compassionate and confidential consultations. Please call or text -XXXX for a free and confidential consultation.