Caregiver overtime Pay in CA

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Caregiver overtime Pay in CA

1. We are not paid overtime until it is 9 hours
2. We must report 10 minutes early with no pay
3. We do not get overtime until it is 30 minutes

Asked on February 4, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In CA, labor laws require OT be paid to "non-exempt" (i.e. typically workers paid hourly) employees for:

Any hours worked over 8 per day at 1 1/2 times regular pay rate
Any hours worked over 40 per week at 1 1/2 times regular pay rate
The first 8 hours on the 7th consecutive day worked at 1 1/2 times regular pay rate
Any work in excess of 12 hours per day at 2 times regular rate
Any work in excess of 8 hours on the 7th consecutive day at 2 times regular rate

If you are not being properly paid any overtime due you, you can file a wage claim with the Department of Indusrtial Relations and/or sue your employer in small claims court. 


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