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Should a Caregiver in a Rcfe Be Paid for Sleep Time California

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  • Should a Caregiver in a Rcfe Be Paid for Sleep Time California

    hello everybody, i was a caregiver in a residential care facility which provides a 24-hour nonmedical care and supervision to the elderlies. i work from 7am to 9pm everyday, and 10pm to 6am every other night, i do get to sleep but i have to wake up couple of times per night. most of the time my sleep is always interrupted 3 or 4 times per night because i have to attend to a resident who needs help. i know that i am non-exempted employee. the question is, should i get paid for the nights that i have to be on duty? and should i get paid every single hour those nights that i am on duty?

  • #2
    Das ist in der Doktor!

    Originally posted by ghostrider85 View Post
    hello everybody, i was a caregiver in a residential care facility which provides a 24-hour nonmedical care and supervision to the elderlies. i work from 7am to 9pm everyday, and 10pm to 6am every other night, i do get to sleep but i have to wake up couple of times per night. most of the time my sleep is always interrupted 3 or 4 times per night because i have to attend to a resident who needs help. i know that i am non-exempted employee. the question is, should i get paid for the nights that i have to be on duty? and should i get paid every single hour those nights that i am on duty?
    Are you paid hourly or on a per shift basis ?
    You should at the very least be paid for the actual time you work so I would keep very accrete records.
    Unless you get paid on a ‘per shift’ basis, there are no laws requiring your employer to pay you while you are sleeping.
    Otherwise, they can if they want to,
    but I wouldn’t hold my breath,
    or,
    louse any sleep waiting for it to happen (sorry, I couldn’t resist )

    ..______________________
    ~ Free advice is like a public defender,
    …you get what you pay for. ~ drr
    Last edited by drruthless; 07-13-2011, 03:02 AM.

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    • #3
      Take a look at FLSA regulations 29 CFR 785.20 - 785.23. Those are the federal rules.
      http://ecfr.gpoaccess.gov/cgi/t/text...1.2.44&idno=29

      Past that, I took a very quick look in the CA-DLSE (basically tried key word searching "sleep" and could not find any thing there). I then checked the CA opinion letters and found one likely suspect. This would seem to be it for CA's handling on this issue.

      http://www.http://www.dir.ca.gov/dls...1998-11-09.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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