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Thread: Non-Medical Caregiver Overtime and/or Live-In rules (California or nationwide) Calif

  1. #1
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    Default Non-Medical Caregiver Overtime and/or Live-In rules (California or nationwide) Calif

    I haven't been able to get a clear understanding of how the overtime laws in California or Federally follow the caregiver (Non-Medical) industry.

    Some caregivers provide 24 hour care (Live-In) type work and others may provide a 12 Hour shift and another person comes in for 12 hours...

    My understanding has been that Overtime Laws do not apply in these instances but it isn't 100% clear.
    Also, what is the maximum number of days per week someone can provide 24 hour (Live-In care).

    There are laws that are specific to "Personal Attendants" are exempt from overtime laws...but I am still not 100% clear on these rules as well.

    This is where I get some of the info:

    In the court decision, the court stated the Fair Labor Standards Amendments of 1974 exempted from the minimum wage and maximum hours rules of the FSLA persons "employed in domestic service employment to provide companionship services for individuals . . . unable to care for themselves." 29 U. S. C. 213(a)(15). The court found that the DOL's[clarification needed] power to administer a congressionally created program necessarily requires the making of rules to fill any 'gap' left, implicitly or explicitly, by Congress, and when that agency fills that gap reasonably, it is binding. In this case, one of the gaps was whether to include workers paid by third parties in the exemption and the DOL has done that. Since the DOL has followed public notice procedure, and since there was gap left in the legislation, the DOL's regulation stands and home health care workers are not covered by either minimum wage or overtime pay requirements.

  2. #2
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    We need to be careful here. Assuming that we are talking federal rules only, and home health care services only, then we have a probable exception to the MW/OT requirments. HOWEVER, please read the following factsheet in it's entirity, because there are exceptions to the exception.
    http://www.dol.gov/whd/regs/compliance/whdfs25.pdf

    If we are talking CA rules only, and personnal attendents only, then there is a limited exception affecting OT but not MW.
    http://www.dir.ca.gov/dlse/FAQ_OvertimeExceptions.htm

    The key is that any time there are exceptions to nomal MW/OT requirements, there is always rules which are strictly enforced on just whom the exeptions apply to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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