Petaluma, CA asked in Employment Law for California

Q: How much should a caregiver working 24/7 and 7 days a week in Sonoma county be paid?

1. If I'm not being paid the minimum wage, can I file for overtime pay?

2. I want to engage a lawyer, but I cannot afford it.

3. I have overstayed my visa.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are not being paid properly you can recover the money you should have been paid, along with interest and perhaps penalties as well, in a legal action. Not being able to afford an attorney is probably not going to be problem. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

As to the Visa issue, your immigration status should not affect your right to seek damages and penalties for work done in the past. It would be wise nonetheless to consult with an immigration attorney to see what you can do regarding your future right to work.

Good luck to you.

Maurice Mandel II agrees with this answer

Daniel A. Thompson
Daniel A. Thompson
Answered
  • Temecula, CA
  • Licensed in California

A: Minimum wage laws apply to caregivers. However, there are different rules for "live-in" caregivers. Under some circumstances, meals and lodging may offset minimum wage. Without more information, it is hard to provide and accurate answer. I would recommend contacting an employment lawyer in your area. Many offer free consultations. You may also want to consider contacting the California Labor Board. They can process a claim regardless of citizenship.

Maurice Mandel II agrees with this answer

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