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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Hi! Im a caregiver, my shift is 24/7. I have to get up every

Resolved Question:

Hi! I'm a caregiver, my shift is 24/7. I have to get up every night more times, and all day I care my elder man. I have only one day off per week. Is it legal? Or what can I do? How much would be the minimum wage for this job?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question. Are you online with me at the moment?

Employment-LawExpert :

Welcome to the chat

Customer:

yes, how are you doing?

Employment-LawExpert :

Do you have any kind of employment agreement? How much do you get paid?


 

Employment-LawExpert :

I am doing fine, thanks for asking

Employment-LawExpert :

And yourself?

Customer:

no, I don't have

Customer:

thanks

Customer:

My elder man's insurance company pays me without contract.

Customer:

it is a legal work, his wife and he is my employer, I pay taxex etc.

Employment-LawExpert :

As you do not have a contract, then you are subject to all rights and regulations as any other employee in California. To be exempt under California law, an employee must earn a monthly salary equivalent to no less than two times the California minimum wage for full-time employment. California minimum pay is $8.00 per hour. After 8 hours, you would receive time and a half, and after 12 hours, you would receive double time. If you make less than this, then you would have a claim which you should submit to the labor board.

Employment-LawExpert :

Do you know if they pay your workers compensation insurance?

Employment-LawExpert :

Do you know if you ever signed an I-9 Eligibility varification? Do you know if you are paid as a W2 or a 1099?

Customer:

No, they don't pay anything. I pay my taxes, they give me a check every week. They Insurance company pays them my salary. No, I didn't sign any paper, they don't ask for it. I'm permanent resident, I am legal to work in US.

Customer:

they dont pay workers compensation insurance.

Employment-LawExpert :

Wait I apologize, let me make sure I have the facts straight. You are his wife, and he is your employer? And the insurance company is paying you as a caregiver for him? Is this correct?

Customer:

no. The old man has an old wife. I am the old man's caregiver. I'm not their relative, only a caregiver.

Employment-LawExpert :

Oh okay, then the original statement I made before still applies. Do you know if you are paid under those terms?

Customer:

The old man's insurance company cover my salary

Customer:

No, I don't know about anything. I'm only so tired because I have only one day off and all day I care them, I drive for errands, etc. It is legal?

Customer:

24 hour work, never sleep for 6 hours at least?

Customer:

only one day off r week?

Customer:

per week

Employment-LawExpert :

Correct, however, the insurance company must pay you the entirety of what you are owed, or the old man must cover the difference. Absent an employment agreement, at a minimum, you are owed $8.00 per hour (unless you are in San Francisco) for 8 hours, then time and a half until 12 hours, then $16 for every hour after that. You can be worked 24 hours a day, 7 days a week, but you must be paid for it

Employment-LawExpert :

Do you believe you are making enough?

Employment-LawExpert :

In addition, you are entitled to breaks and rest periods in which you have to be uninterupted

Employment-LawExpert :

You have to be paid for all hours that you are "on call" thus if you have to wait to take care of him, even if you are sleeping, you must be paid for this time

Customer:

no, I'm in Los ANgeles. No, I get much less, $150/24 hours.

Customer:

What can I do? What do you recommend to do it?

Employment-LawExpert :

I would recommend that you either file a claim with the labor board, or that you speak to an attorney in your area to file a lawsuit on your behalf for the numerous FEHA violations that are likely taking place.


If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

An attorney in a case like this would take your case on contingency, which means that you would owe nothing out of pocket

Employment-LawExpert :

You are likely owed for all missed meal and rest breaks, as well as for a number of unpaid wages

Customer:

can I ask for the price of gasolin when I take them to the doctors and other errands?

Employment-LawExpert :

Unfortunately, the price of gasoline would not usually be covered under such a situation, however, please give me a few moments to confirm this

Customer:

no, I just wnat to have a mileage-compensation

Employment-LawExpert :

Usually, the law states that this is not reimbursed unless specifically provided for under the contract. I wanted to look up to make sure that there are no exceptions under various caregiver provisions, which there are not. However, you can definitely negotiate a contract in which you would be reimbursed for any mileage compensation

Employment-LawExpert :

That being said, you can deduct these expenses as a business expense on your taxes

Customer:

I see.

Employment-LawExpert :

When you speak to an employment attorney in your area, make sure that you bring up the fact that you are doing things other than just supervising, feeding, dressing, administering medications, bathing, bathroom assistance, trips to doctors and shopping for groceries and personal items.

Customer:

So, you recommend that I'd rather talk to a lawyer who might help me

Employment-LawExpert :

You can either speak to a lawyer or you can file a claim with the labor board, of which I can provide you with a link. However, from what you have said, it sounds like you may have numerous claims in addition to your overtime claims, resulting in a significant amount of money owed to you.

Employment-LawExpert :

As we cannot create an attorney client relationship, where you would go into many confidential facts, you may want to consider going into the daily routine that you have had to endure, and what you get paid for it

Employment-LawExpert :

Again, because it sounds like you have a pretty good case, and are owed a significant amount of money, getting an attorney involved is the best way to make sure you get paid what you are entitled to.

Employment-LawExpert :

To file a claim yourself, you would do so here:

Employment-LawExpert :

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Employment-LawExpert :

But again, given the facts you present, it would be in your best interest to speak to an employment attorney in your area. While I would suggest going to Martindale.com first, other great sites are www.lexmundi.com, www.justia.com, and www.lawyers.com.

Customer:

Thank you , I try to look for attorney and do something.

Employment-LawExpert :

Not a problem. I hate hearing stories where people like yourself are being taken advantage of. Remember, if an attorney wants to charge you a consultation fee, make sure to hang up and call the next attorney on the list.

Employment-LawExpert :

Have I fully answered your question today?

Customer:

Yes, Thank you very much. I will talk to so

Customer:

mebody attorneys in this area

Customer:

Have a good night, Thank you much for your help

Employment-LawExpert :

You too. Before you go, please do not forget to provide me with a rating in the middle or above so that I may receive credit for assisting you this evening. Have a wonderful start to 2013.

Customer:

Yes, I'll do. Have a wonderful year 2013

Brandon, Esq., Lawyer
Satisfied Customers: 1831
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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