As of 2024, caregivers in California are entitled to minimum wage of $16 per hour, $24 per hour overtime up to 12 hours, and $32 per hour over 12 hours. However, many cities in California have set higher minimum wage rates; for instance, Los Angeles has a minimum wage of $17.28 per hour, San Francisco at $18.27 per hour, and San Jose at $17 per hour.
By: Brad Nakase, Attorney
As of January 2024, most 24-hour caregivers in California must be paid a minimum wage of $512 per day. The first nine hours of work can be compensated at the state minimum wage of $16 per hour, totaling $144. A domestic caregiver is also entitled to overtime pay and all other employment rights under California law.
In this article, our lawyer for caregivers and employers discusses the following:
In California, when a caregiver works more than 8 hours and up to 12 hours in a day, the overtime pay is 1.5 times the regular hourly rate. Caregivers who work more than 9 hours in a day or over 45 hours in a week must also be paid overtime wages at 1.5 times their regular hourly rate. Furthermore, caregivers must be paid 1.5 times their regular rate if they work on the 6th and/or 7th consecutive day. For example, if a caregiver in San Diego earns $16.00 per hour, their overtime rate would be $24.00 per hour.
When a caregiver works more than 12 hours in a day, they are entitled to double time, which is twice their regular rate of pay. Caregivers in California must also be paid double-time for hours over 9 when working on the 6th and 7th consecutive days. This includes double the caregiver’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of 8 hours on the seventh consecutive day of work in a workweek. For example, if a caregiver in Oakland earns $16.00 per hour, their double-time rate would be $32.00 per hour.
In California, caregivers are entitled to specific rights regarding lunch and rest breaks, ensuring they have sufficient time off during their shifts to rest and recharge. These rights are governed by state labor laws, and employers must comply to avoid legal repercussions.
Rest Breaks
Caregivers in California are entitled to rest breaks during their shifts. The law mandates that:
Meal Breaks
California law also provides caregivers with the right to meal breaks:
Penalties for Missed Breaks
If an employer fails to provide the required rest or meal breaks, the caregiver is entitled to an additional hour of pay at their regular rate for each missed break. This is known as a “premium pay” and serves as compensation for the time lost due to the employer’s failure to comply with the law.
Practical Example
For example, if a caregiver in Los Angeles works a 12-hour shift, they must be given three 10-minute paid rest breaks and two 30-minute unpaid meal breaks. If the caregiver only receives one meal break during this shift, they are entitled to an extra hour of pay at their regular rate as compensation for the missed second meal break.
Conclusion
Caregivers’ rights to lunch and breaks are protected by California labor laws to ensure they have sufficient time to rest during their workday. Employers must adhere to these regulations to provide fair working conditions and avoid penalties. If a caregiver believes their rights are being violated, they can file a complaint with the California Department of Industrial Relations or seek legal advice.
