My rights as a caretaker- non professional?
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My rights as a caretaker- non professional?
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I had the opportunity or misfortune of being a neighbor's caretaker early this year. I get paid about $8 an hour because I don't have any experience or qualifications for it. I don't intend to make this into my lifelong career, but it's something to sustain me until I leave the country next year. This is sort of my pocket money, food for every month kinda thing.
It started out great, this is my first job, and they have been very nice with me. I don't have work pressure or have to deal with office politics. Recently though, I've grown dissatisfied with what I've been compensated for. I started working overtime for them because they had an emergency. They were literally pleading me to stay overtime because there were no other help coming in. Being too nice that I am, I agreed to stay over time without asking too much. I ended up working for a whole week, and they actually wanted me to work on labor's day as well. I had to firmly decline because my body could not take it anymore. Had I work on that day, it would be 2 weeks of working, with no day off.
Also, I don't really have a lunch break. I was required to bring my own food, and eat whenever things have settled down with my patient. I have to eat WHILE taking care of her.
My questions are, as a personal caretaker, do I get paid more for the overtime I did, plus the weekends too? My neighbor said I get paid just the same, because my line of work is different from the rest, she said I don't work in the 'office' position, so I cannot compare my salary with the 'office' kind of work. I feel this is such an injustice, not only they hired me for a bargain price of $8 per hr, but they refuse to pay me an extra penny even. They keep telling me that I'm a godsent because I've been so consistent, and that I'm flexible with their hours (my working hours vary, every day is different), but they never show anything of gratitude. It's all words. So far, I have just gritted my teeth and continue my work. My husband is upset because he thinks I'm being bullied for being too nice and kind.
Additional Details
Jill, my answer for B is no :(. If any authorities were to come and ask me about this, we've all decided pretty much to say that I'm doing this as a 'helping a neighbor in need' fee. I guess I'm stuck. I only consider this job because it's just next door. I don't have a car and the nearest bus stop requires a taxi ride even. Hopefully I can find a way to get out of this rut.
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Princess Leia
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1. Who is paying you? The neighbor or the government? Because in CA, In Home Health Services (at least that's what it's called in the Inland Empire) is what pays caretakers and the hours worked have to be approved by them.
2. I think you should just tell them that you don't want to work for the person any more. Make sure you get all the money, including any overtime, etc.
3. What state are you in?
4. It sounds like they're trying to cheat the government if it's been decided that if the authorities come, you're doing this to "help a neighbor."
5. Better get out of this situation ASAP. |
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Jill
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According to FLSA, you must be compensated for every hour worked. Since you are not considered management, you would be eligible for overtime.
I have a few concerns that you didn't raise.
A. Did you fill out and sign a W-4 and I-9 (proof of citizenship)?
B. Are taxes being taken out of your wages? If not, do you receive a 1099 Misc?
In other words, are you being paid legitimately, or under the table? If you're being paid under the table, you don't have much recourse because if you fought for the overtime pay, you'd have to admit to the IRS you were gainfully employed. You would owe ALL back taxes plus fines and penalties.
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Chuckie O
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How much leverage do you have?
If you filled out a http://www.irs.gov/pub/irs-pdf/fss8.pdf Form SS-8 to determine if you are a independent contractor or employee, what would happen?
If you are an independent contractor, you are not due overtime. If you are an "under the table employee," you are. But first there needs to be some determination that you are an employee.
If you don't want to go this route, just chalk it up to experience, and definitely refuse any further offers of "overtime." Tell them, unless I am compensated time and a half for it, I don't want to do it.
(Actually, if it were me, I would not work further for these people unless they paid me in full for past hours worked.) |
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Judy
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Legally, you have to be paid overtime. Legally, also, this is taxable income to you and must be reported to the government, and you have to pay tax on it. If you aren't doing that, you really don't have any leverage. |
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