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Layman'sTerm
01-26-2009, 04:36 AM
Is an employer obligated to pay overtime for the following hours:

Monday 11pm to Tuesday 7am overnight shift paid to sleep and then off for eight hours and the employee returns to work the same day on:

Tuesday 3pm to 9pm Regular day hours worked

Governed by California Wage Order 15

If an employee is paid to sleep for 8 hours at minimum wage for an overnight shift to ensure no harm comes to a disabled adult and then during the day provides direct care service for 6 hours to a different disabled adult at a different pay rate.

For a total of 14 hours a day, 8 sleeping, split shift then 6 awake; is employee entitled to overtime and/or double time hours for hours exceeding 8 (OT) and 12 (DT) when the hours are not worked consecutively?

CAOvertimelawyer
01-26-2009, 06:47 AM
There are some governing cases as well as statutes that define workweek. Let me research.

CAOvertimelawyer
01-26-2009, 06:48 AM
Is this a home care position? if so, is it a private care or other?

Layman'sTerm
01-26-2009, 07:42 AM
It is a Supported Living Services agency that provides direct care support for adults with developmental disabilities in their home and in the community. Which includes teaching life skills, budgeting, cooking, etc.. and ensuring overall life quality.

The duties are more instructional than the direct care support one would have in a nursing home, group home, or retirement home. Our main role is to ensure that each client is integrated in the community and is living their life to the fullest extent. That means different goals for every client, while some clients are trying to fulfill their dreams other clients may need help just to survive.

CAOvertimelawyer
01-26-2009, 08:16 AM
do you spend more than 20% of your time doing non personal attendant type tasks such as shopping, cleaning, etc?

Layman'sTerm
01-26-2009, 08:24 AM
do you spend more than 20% of your time doing non personal attendant type tasks such as shopping, cleaning, etc?

It really varies according to the individual clients, all job duties during the day shift are one on one duties with the client whether it be budgeting, meal planning, improving communication skills, etc...

However, our duties are primarily instructional and not domestic. We are always with the client, if we do go shopping we go with the client, we don't really do cleaning ourselves rather we teach clients how to maintain a clean home. Our goal is enable our clients to be as independent as possible. So I would have to say no to your question. Does that help?

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