Legal Question in Employment Law in California

I work as a "personal attendant" for a third party employer in a private home. I understand that I am exempt from overtime per California law-however I often work shifts longer than 12 hours. I am a bit confused as to whether or not I should be entitled to a at least a few hours off/compensation after 12 hours per: http://www.dir.ca.gov/iwc/WageOrders2006/iwcarticle15.html

What I don't understand, is what is there to stop my employee from having me work continuously if there is no penalty?


Asked on 9/04/10, 2:00 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

My understanding is that if you are live-in, you are entitled to OT for anything over 12 hours per day and on the 6th and 7th day per week. You are entitled to a day off after 5 days work. You are entitled to breaks and rest periods. You can't be worked 24/7.

If you believe that has been violated, feel free to contact me to discuss your legal remedies.

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Answered on 9/09/10, 5:42 pm


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