Q - Tom, According to some websites we’ve researched, caregivers who work in a facility get overtime after working: 10 hours a day OR 40 hours a week. Another website said that caregivers will only get O.T. after they work 80 hours in TWO weeks (so they can work 60hours 1 week, then 40 the next).
Can you clarify the O.T. law for caregivers working in RCFE's (care facilities)?
A - Both are wrong. They start getting overtime if they work more than 8 hours in a day and also more than 40 hours in a week (unless they have voted and agreed to work 4-ten hour days).
Care facilities are governed under the Industrial Welfare Commission Order #5 (IWC 5). Please go to the attached link for the full order and get the answers to other related questions like how much you can deduct for meal and lodging AND should you be paying for uniforms, etc.
