CaregiversLitigation: It's What We Do.
Calabasas Caregiver Attorneys
Caregivers often face distinctive challenges in the workplace, such as discrimination, wage and overtime violations, unfair treatment, or scheduling conflicts due to their responsibilities. At Gaines & Gaines, APLC, our attorneys have a comprehensive understanding of employment law and can help caregivers understand and assert their rights, negotiate settlements, and if necessary, take legal action to combat unjust practices.
Our firm has been serving California employees for over 50 years and would be honored to hear how we can support you. Call us at (866) 400-4450 to schedule a free initial consultation.
Common Employment Violations by Cargivers
- Unpaid Overtime: Caregivers often work long hours, exceeding the standard 40-hour work week. This is particularly true for caregivers providing around-the-clock care. Whether employed directly by a family or through an agency, California has strict laws regarding compensation for this overtime, and if employers neglect to pay the required overtime wages, you could have a case against them.
- Failure to Provide Meal and Rest Breaks: California law mandates that employers provide unpaid 30-minute meal breaks for every five hours worked and paid 10-minute rest breaks for every four hours. Some employers do not adhere to these requirements, thereby violating the rights of caregivers.
- Misclassification of Employees: Some employers intentionally misclassify caregivers as independent contractors to avoid paying benefits, overtime, and taxes. This practice is a direct violation of employment law, and the caregiver could be entitled to back pay and additional damages.
- Retaliation for Reporting Violations: Employers may retaliate against caregivers who report legal violations or participate in investigations, which is strictly prohibited under California law.
- Discrimination and Harassment: Employers cannot discriminate against or harass caregivers based on their race, color, national origin, sex, disability, religion, or any other protected characteristic.
- Failure to Provide Leave: Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), caregivers are entitled to take a leave of absence to care for a family member with a serious health condition. Employers who deny or deter these rights are violating labor law.
Minimum Wage for 24-Hour Caregivers
In California, an important legal concern for 24-hour caregivers revolves around the issue of minimum wage. Given the intensive nature of the work, which often necessitates round-the-clock service, caregivers are entitled to a fair remuneration that reflects their efforts and value.
As per California state law, caregivers should be compensated with at least the state minimum wage for all hours worked, in addition to overtime for work beyond 9 hours per day or 45 hours per week. Typically, this looks like $15.50 paid hourly for the first nine hours and $23.25 for every additional hour, with a minimum of $488.25 a day for a 24-hour shift.
Unfortunately, many caregivers receive a flat rate for a 24-hour shift that often falls short of the mandated minimum wage when divided by the actual hours worked. This practice overlooks the provision of mandatory rest and meal breaks and is a clear violation of the law. As such, it's crucial for caregivers and their attorneys to vigilantly uphold their right to fair pay, ensuring that caregivers receive the compensation they rightfully deserve for their indispensable service.
Representing Caregivers in Employment Law Concerns Throughout California
When caregivers are faced with legal challenges, an employment law attorney, like ours at Gaines & Gaines, APLC, is a formidable ally, adeptly navigating the complexities of labor law to protect their rights and interests. We have vast knowledge and experience in the field of employment law, which allows us to effectively advocate for caregivers, ensuring that they are not undervalued or mistreated.
From securing rightful wages and benefits to confronting discrimination or retaliation, our team is here to walk you through the legal process. We understand the crucial role that caregivers play in our society and are committed to ensuring that they receive the respect and fair treatment they deserve.
Do you offer free consultations?A:
Yes. Gaines & Gaines, APLC offers prospective clients a no-cost consultation to help them assess whether they have a claim and whether we can help them pursue it.
How do employment law and labor law differ from one another?A:
Labor law typically involves laws that pertain to unions and employers. Employment law is focused on the rights of individual employees.
Employment law also includes wage and hour issues, such as employers who fail to pay employees properly or fail to pay all wages that earned by employees.
When do you need an employment lawyer?A:
If you think that your employer is not paying you correctly, not paying you on time, or has taken negative action against you (such as a demotion, cut in pay or hours, or termination) which you believe is illegally based on a right or protection that you have under the law (such as your race, gender, age, ethnicity), you should contact an employment lawyer to determine if your rights have been violated.