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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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Private home health caregivers overtime question. Employee 1

Customer Question

Private home health caregivers overtime question. Employee 1 works
3 13 hour shifts one week, and the next week works 4 13 hour shifts-
are we obligated to pay overtime on any of the wages asuming $13-14 hr
pay rate?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

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)?

Customer: replied 1 year ago.
My father Sam is bedbound in NV, and he is theSole prepietor, although no income. I, his son pay the caregivers thru his account.
We have workers comp and declare all employees wages. We have 24/7 coverage, and ~50% of the hours cover him sleeping,
the balance during the day, 7am-8pm are actively tending to all his medical and personal needs.
Expert:  John replied 1 year ago.

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.

Expert:  John replied 1 year ago.

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Expert:  John replied 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

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