Irvine, CA asked in Employment Law for California

Q: Do I have to provide overtime pay to an employee if they are working 25 hours in 2 days?

I live in Orange County, CA and I'm hiring a private caregiver to work weekends. (Saturday from 11 AM to 10 PM and Sundays 7 AM to 10 PM).

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

A: In California, a private caregiver working in the home is entitled to overtime compensation at one and one-half times the employees’ regular rate of pay for all hours worked in excess of 9 hours per day or 45 hours per week.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: If the caregiver is an employee, the answer is yes. The real question is whether they are an employee or not. Some caregivers are independent contractors, operating a business, or you could book them through an agency. In those cases you establish the rate of pay via contract. Look at the Labor Commissioner website for Wage Orders and find the one for Housekeeping. This applies to caregivers. Have a consultation with an employment law attorney in your area.

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