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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Overtime pay for Caregivers in CaliforniaI would like to

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Overtime pay for Caregivers in California
I would like to know if all caregivers in California are exempt from overtime pay requirements? What is the criteria for non exempt status? On whom lies the burdgen of proof to show the exempt status? Thanks.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

IWC 15-2001(2) provides the overtime exemption to which you refer. The exemption applies generally to "personal attendants" who fit the following criteria:

"...Any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of "personal attendant" shall apply when no significant amount of work other than the foregoing is required."

Any employee who fits this definition would typically be exempt pursuant to IWC 15-2001.

Employees are presumed to be entitled to overtime pay, and the employer, not the employee, has the burden of proof to show that it properly paid the employee.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
So would be the following fall within the job description of "personal attendant": (1) Administering medicine. (2) Taking the disabled person for long walks, swimming, social events. (3) Extensive cleaning and household chores. (4) Packing and making lunch for the disabled person to take with him to the his day program?
Expert:  Patrick, Esq. replied 5 years ago.
This sort of determination is far too complex and fact-dependent to make any sort of conclusion regarding exemption in a particular circumstance. Equally important as what the worker does is what the worker doesn't do. I do not and cannot have access to all relevant information. That said, extensive household chores do not appear to be encompassed within the definition of personal attendant and so the position you have described might be disqualified from exemption on that basis alone.

I hope that this clarifies my answer and I apologize that I cannot be any more specific on this point. Again please bear in mind that the above does not constitute legal advice, nor is any attorney client relationship created between us.

Best wishes.
Customer: replied 5 years ago.
Are live-in caregivers in CA automatically non exempt?
Expert:  Patrick, Esq. replied 5 years ago.
As always, it depends on the specific nature of the employee's work, not their title or their status as a live-in or non-live-in worker.

In recognition of the time that I have spent answering your questions, please kindly remember to accept my answer so that I will receive credit and be paid for my work. Thank you so much, and I wish you the best of luck.
Customer: replied 5 years ago.
Which of the two IWC 5 or IWC 15 applies to caregivers?
Expert:  Patrick, Esq. replied 5 years ago.
I will decline to answer further questions and opt out of this question in favor of other experts. Best regards.

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