Caregives employment rights attorneys

Experienced and successful CAREGIVER LAWYERS IN CAlifornia

CAregiver employment RIGHTS ATTOrNEYS

Liberation law Group , PC

About us

Dedicated to protecting the rights of caregivers throughtout San Francisco, California. We at Liberation Law Group, P.C. are attorneys and legal assistants that listen to our clients’ needs. Our attorneys practice , and . Our clients come from diverse backgrounds and all walks of life, whether immigrants, migrant workers, blue-collar laborers, tech workers, or white-collar professionals. Our clients all have something in common: they have been wronged.

 

We work diligently to help our clients see justice in their lives by helping to right wrongs they have suffered. We understand that every human being has a voice, and we make it our goal to listen and strengthen that voice so it will be heard.

 

At Liberation Law Group, P.C. you can expect to receive the full attention your case deserves. We take pride in building a unique relationship with each of our clients.

 

Our attorneys and staff are fluent in English, Spanish, Cantonese, and Filipino.

We offer great sulotions for nature lovers like you

Caregiver attorney services

You May Have A Claim if :

  • Denied pay for sleep time
  • Not compensated for the overtime you worked
  • You are paid less than minimum wage
  • You are paid a flat rate every day
  • Only compensated for room and board
  • You work 24-hour shifts
  • You live in the same house as the patient/employer

 

To find out whether you have been fairly compensated as a caregiver in a private home or assisted living facility call our employment attorneys at 415-569-1953 for a free phone consultation.​​

Helping caregivers get compensated for violations of california labor laws

Liberation Law Group has experienced employment law attorneys who advocate for caregivers who suffer from violations of labor laws resulting in under-compensation to workers.

 

The profession of caregiving is one of those professions that are overlooked and often fall victim to wage and hour violations. Our employment lawyers at Liberation Law Group have a proven track record of collecting compensation for employment law violations. If you are currently employed or have worked as a live-in caregiver in a private home or an assisted living community, you may be entitled to compensation. 

 

What are examples of labor law violations in California? 

  • Denied pay for sleep time
  • Not compensated for the overtime you worked
  • You are paid less than minimum wage
  • You are paid a flat rate every day
  • Only compensated for room and board
  • You work 24-hour shifts
  • You live in the same house as the patient/employer

 

As experienced employment lawyers, we see some form of wage theft regularly, whether it’s knowingly or naïve. If you feel you have not been compensated accurately, call our experienced employment law attorneys today at 415-569-1953 or fill out our contact form for a free consultation. We will ensure your voice is heard.

 

Caregivers fall under two distinct categories:

 

  1. An in-home caregiver
  2. A caregiver in an assisted living facility or nursing home

 

Labor laws for live-in caregivers in San Francisco, California 

Caregivers who live with their employer or patient and work 24-hour shifts are often exposed to the most significant labor violations. Workers in this position have “on-call” hours during their hours of sleep and over time, which deprives you of your rights and compensation. And in most cases, we see, in the end, you are only receiving “room & board.”

 

In the state of California, employers can only deduct from your wage for meals and board if:

 

  1. It is voluntary, and there is a written agreement between the live-in caregiver and the employer
  2. Deductions do not exceed a specific amount.
  3. Caregivers cannot be solely compensated for room & board.

 

It is your legal right to have a meal and rest break.

Caregivers who have deprived of these can be compensated for 1-hour pay for each missed meal break per day and 1-hour pay for each missed rest break per day.

 

Additionally, if you are required by your employer to have a set schedule, you are not an independent contractor. Many employers will classify the caregiver as an independent contractor, which exempts them from having to oblige by the California wage and hour laws.

Don’t fall into that trap and consult with a legal representative to advise you of your rights.

 

Contact an employment lawyer at Liberation Law Group to help you with your legal rights and to help you recover significant compensation. Call 415-569-1953 for a free consultation.

 

The domestic workers' bill of rights, what is it and what does this mean for in-home caregivers? 

Until recently, caregivers and personal attendants were exempt from overtime hours, meaning they could work 24 hours and only be paid minimum wage for all hours worked under the bill of Wage Order 15. 

The new bill passed in 2014 called the Domestic Workers’ Bill of Rights states that:

 

Live-in Caregivers:

In-home caregivers and personal attendants who spend less than 20% of their day cooking, cleaning, and performing household tasks are entitled to overtime pay after working 9 hours a day or 45 hours in a week. 

  • Every hour you work over 9 hours in a given day and any hour over 45 hours in a week are entitled to 1 ½ time your hourly rate.
  • If more than 20% of your working day is used for cooking, cleaning, or performing other tasks other than personal care, you are entitled to overtime pay, 1 ½ times your hourly, if hours worked exceeds 9 hours in a day and the first 9 hours on the 6th and 7th consecutive day in a given workweek.
  • Caregivers residing outside of their employer’s home:
  • if you spend 20% of your time cooking, cleaning, or performing other tasks other than personal care, you are entitled to overtime pay if hours worked over 8 hours in a day or 40 hours in a week.  Overtime will be paid out accordingly for the first 8 hours on the 6th and 7th consecutive day in the workweek.
  • Double time will be paid if you work over 12 hours in a day and over 8 hours on the 7th consecutive workday.

 

If you have not been paid your legal overtime wage, you can recover compensation for any unpaid wages as well as any attorney fees or legal fees associated with your claim. Liberation Law Group will help get you the compensation that is rightfully owed. 

 

Caregivers in an assisted living facility 

Caregivers working in an assisted living facility oblige by a different set of labor law standards. Caregivers who work in these types of facilities have always been entitled to overtime, but different rules apply under California Law. 

 

Overtime wage law for residential and nursing home caregivers are entitled to overtime pay for:

 

  • Any hours worked over 8 hours a day or 40 hours a week
  • Typically entitled to double pay any hour after 12 in a single day along with a meal and rest break
  • Wage theft exists, and employers are stealing money from you. Wage theft can be in the forms of:
  1. Classifying a caregiver as an independent contractor to avoid paying employee benefits, minimum wage, taxes, etc.
  2. Paying a day rate, weekly, or monthly salaries. If you have a day rate, the weekly or monthly salary you need to ensure you are receiving minimum wage, frequently, these rates average less than minimum wage, and you are not being paid for overtime.
  3. Sleep time cannot be deducted for 24-hour shifts. If you an in-house caregiver, sleep time cannot be deducted from your hourly pay. At an assisted living facility, under certain circumstances, it can be deducted.
  4. Room & Board deduction. An employer is only allowed to deduct a certain percentage from your wage a month for room and board ONLY if you agree, and it is in writing.
  5. Afraid of being deported. Many caregivers are working illegally and are scared to stick up for their rights. Under the California laws, it is your right to sue an employer for wage theft.

 

The State of California has enforced mandated labor laws to protect the rights of caregivers, and our employment lawyers want to help implement your rights that have been stripped away. As an employee and caregiver, you are entitled to minimum wage, overtime, and certain working conditions. If you feel you have been inadequately compensated for your work, you may a claim.

 

Labor laws can be complicated, so we highly encourage you to seek an experienced employment attorney who knows the California State labor laws.

 

Call Liberation Law Group for a free consultation at 415-569-1953 or fill out our contact form. We will fight for justice, and your voice will be heard.

Questions about a legal issue? Ask our Attorneys. Click Here

Fighting for justice for those whose voices must be heard

  • Are you a victim of wage theft?
  • Not paid for every minute worked
  • Inaccurate or no wage statements
  • Working alone in caregiver facilities
  • Terminated for raising concerns
  • Discriminated
  • Forced to work because of immigration concerns
  • Victim of human trafficking
  • You are a husband and wife team but paid only one salary

BEST CAREGIVER LAWYERS IN SAN FRANCISCO, CA 

CAREGIVER EMPLOYMENT RIGHTS ATTONEYS

Liberation law Group 

Our attorneys and staff are fluent in tagalog, Spanish and Cantonese.​

 

"We should have a line that immigration status has no bearing on your case in state court.  Whether you are documented, are undocumented, resident alien or a US citizen your rights are the same in California State and Federal Courts.  We can help you.

 

Whether you are documented, are undocumented, resident alien or a US citizen your rights are the same in California State and Federal Courts.  We can help you.

Questions about a legal issue? Ask our Attorneys. Click Here

  • Are you a victim of wage theft?
  • Not paid for every minute worked
  • Inaccurate or no wage statements
  • Working alone in caregiver facilities
  • Terminated for raising concerns
  • Discriminated
  • Forced to work because of immigration concerns
  • Victim of human trafficking
  • You are a husband and wife team but paid only one salary

Liberation Law group, pc

 

2760 Mission Street

San Francisco, CA 94110

415-569-1953

e-mail: info@liberationlawgroup.com

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DISCLAIMER: The statements contained on this page do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The general rights listed are not meant to be exclusive, and rights described may or may not apply to your situation. To learn what your rights are, contact an attorney licensed in your jurisdiction.

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