Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
I need additional information:
1) You say employees - is this a case where you are a third-party that employees the caregiver to go to customers' homes and provide care?
2) If not, what percentage of the employees work involves companionship services (i.e., sitting with the person) versus care (i.e., bathing, dressing, grooming, feeding, toileting and transferring)?
Thank you. With these facts these employees would only need to be paid overtime for hours over 40 in a workweek. First they do not qualify for an exemption from wage law because they are providing more than simple companionship, what may be called casual babysitting. Second, you pay them (more than 1.5x the min wage) enough so that they do not qualify for the overtime after 8 hours per day provision of Nevada law. They only qualify for it after 40 hours per workweek. So on the 4 x 13 hour shift they would be owed overtim- 12 hours of .5 x hourly pay to be exact.
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