Individuals who work inside the homes of others and provide services to someone in the house that include housework, running errands, assisting with the activities of daily life, i.e. cooking, cleaning, bathroom assistance, attending to, feeding, dressing are entitled to overtime, meal breaks and rest breaks. Domestic workers are protected under the Domestic Workers Bill of Rights.
Non-live-in caregivers are entitled to overtime pay at 1.5 times their regular hourly rate of pay for all hours worked in excess of 9 hours. Employers who pay a flat rate for caregiver services are still required to pay the caregiver an amount equal to at least the minimum wage for each hour worked and overtime for all hours worked over 9 hours in a day. For non-live-in caregivers “sleep time” must be paid. You are also entitled to off duty meal and rest breaks, payment of wages twice per month and a check stub. If you are not receiving these things contact us immediately.
Live-in caregivers are entitled to the same rights as non-live-in caregivers except that the employer has a right to deduct 8 hours a day for “sleep time”. If the employer is off-setting your paycheck for the value of room and board and food they must enter into a written agreement with you for such purpose. If the value of room and board and food is being applied to your paycheck and there is no written agreement, contact us right away.
James Nobles created the Law Offices of James E. Nobles after working as an in-house-counsel for a major vitamin/health supplements company and a record label. A major part of his job was to defend the companies when they were sued for harassment, discrimination and other employment law violations. Using defense attorney secrets, James has switched sides, and now uses that knowledge to win cases for employees
Law Offices of James E. Nobles 6931 Van Nuys Boulevard, Suite 303 Van Nuys, CA 91405
Law Offices of James E. Nobles 9431 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91735
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