Legal Question in Employment Law in California

I am a caregiver. Work by agency to taking care the client for live in (24 hour care) for 1 day. Yesterday my client have to go to Emergency Room and will be admit to the hospital for couple days. I came at 7.45am to start work with my client at 7.30pm. We go to ER. I stay awake with until 1am because my client in the hospital/ER. I stay next of my client with all her test in ER. I tell to my agency that i need to go home because i need rest (work almost 18 hours). At that time i don't have dinner also. Seems like my agency and the family of my client unhappy that i go home and have some rest (they wants me stay awake within 24 hours) without asking me have some meal too, because when my client called her son, her son said he paid the caregiver for live in paid so have to go home complete 24 hours. But I believe we not suppose to work within 24 hours without sleep. There's no way to have rest/sleep in the emergency room (i am in the room with my client). I feel so sad that i really helping my client but they not appreciate what I've done. I decide not continue work with that agency anymore. Is that any regulation states about we not suppose to work within 24 hours without sleep / not enough time rest and have meal. Thank you


Asked on 4/19/11, 10:23 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If this were a regular occurrence, you would have legitimate grounds to complain of violation of the wage/hour laws if your employer demanded you work 24/7 without sleep or breaks. However, this sounds like a one time emergency situation, and also sounds like you chose to go to the ER when there was no medical need to do so. The ER took over responsibility for care. You could request pay for the OT you put in that day by missing rest and breaks. If refused, you could file a claim with the Labor Commissioner if you were serious about pursuing it.

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Answered on 4/19/11, 10:40 am


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