are they pay me right?

I work as a caregiver, 2 days a week 48 hours shift
and they pay me 240 a day, 10/ h.
is that legal, job is trough the agency and on the end
of the year I have to pay taxes.
Are they have to pay me overtime?

Asked on July 13, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Correction: you should be able to file a claim for overtime for up to the last two years.
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a caregiver, you are almost certainly NOT exempt from overtime--i.e. you are entitled to overtime. There are  a number of tests or  criteria to be exempt, which can be found on the U.S. Department of Labor website under "overtime," such as the administrative employee test, executive employee test, professional test, etc., and no caregiver I am familiar with would meet any of those tests or criteria. If you don't meet  the tests or criteria, you get overtime.
(Since you obviously know your job better than I do, you should go to the website and check for yourself: compare your job duties and authority to each listed set of criteria.)
Under federal law, if you work more than 40 hours per week, you get overtime. If you work 48 hours a week, then you should be entitled to 8 hours overtime. In addition, your state has overtime if you work more than 8 hours in one day. 
You therefore appear overtime eligible, and should contact your state's department of labor to file an overtime complaint. You may be entitled to back overtime for the last (I believe) 6 months, plus overtime in the future. Good luck.


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