Personal Attendants Subject to Overtime Pay Violations

Anaheim, CA Maybe it is because they often work alone, in isolation from others in their industry. Maybe it is because they are generally not unionized and sometimes in the country illegally. There are many reasons why people who work as personal attendants might be subject to unpaid overtime, but as of the passing of a new California law, personal attendants must now receive overtime pay.

Not all personal attendants are aware yet of this change in law, and some may still be paid a flat per-day rate, rather than an hourly rate. If so, their employer is violating California labor law, which requires personal attendants be paid hourly. California’s Domestic Worker Bill of Rights (California AB 241) mandates that personal attendants must be paid at least $9 per hour for the first 9 hours of work, and time-and-a-half (equaling a minimum of $13.50) for anything above 9 hours in a day.

Many personal attendants are paid on a flat 24-hour rate of around $100 a day. Some are paid as low as $80 and some make $120. But based on 24 hours of work, that equals only $3.33 an hour up to $5.00 an hour, not even close to the regular minimum wage. In fact, based on the Domestic Worker Bill of Rights, the minimum a personal attendant working 24 hours should be paid is $283.50 a day.

Personal attendants also rarely get paid sick days or paid vacation days and have few protections when it comes to job security or severance.

Unfortunately, personal attendants are often isolated from their colleagues and have no idea what their rights are. If they are in the country illegally, they may be afraid of fighting for their rights. But if they are employed as a personal attendant, they must receive a minimum wage and an overtime wage based on the number of hours they work.

The Domestic Worker Bill of Rights came into effect in January 2014 and will expire on January 1, 2017, unless another statute is enacted. As of January 1, 2015, however, federal laws will protect home care workers by requiring that they receive the federal minimum wage of $7.25 an hour and overtime pay when they work more than 40 hours in a week.

Failure of employers to follow California’s Domestic Worker Bill of Rights can result in a lawsuit being filed.