24-Hour Shifts Explained: What Caregivers Must Be Paid for Overnight Work in California
Many caregivers are asked to work 24-hour or overnight shifts, often with little explanation about how their pay is calculated. Employers frequently say things like:
“You’re paid to sleep.”
“Overnight hours don’t count.”
“The daily rate covers everything.”
In California, these statements are often wrong.
Caregivers working overnight or 24-hour shifts are among the most underpaid workers in the state. This article explains what the law actually requires, when overnight hours must be paid, and how overtime applies.
Being on a 24-Hour Shift Does NOT Mean 24 Hours Are Unpaid
A common misconception is that overnight hours are automatically unpaid. Under California law, that is not true.
If you are:
Required to remain in the home
On call to assist during the night
Unable to leave freely
Regularly interrupted
Then most or all of your overnight time likely counts as paid work.
What Counts as Paid Time During a 24-Hour Shift?
✅ Active Work Time
You must be paid for all time spent:
Assisting with personal care
Helping with mobility or medication
Monitoring safety
Performing household tasks related to care
This includes daytime and nighttime work.
✅ On-Call Time (Often Paid)
If you are required to:
Stay on the premises
Be available to respond
Wake up to provide care
That time usually counts as paid on-call time, even if you are not actively working every minute.
✅ Interrupted Sleep Time
Sleep time may not be unpaid if:
You are awakened to assist
Sleep interruptions are frequent
You must listen for alarms or calls
You are responsible for monitoring overnight
If sleep is interrupted, that time becomes paid work time.
When Can Sleep Time Be Unpaid? (Very Limited Situations)
Sleep time may only be unpaid if all of the following are true:
You are provided a private sleeping area
You receive a reasonable uninterrupted sleep period
You are fully relieved of duties
Interruptions are rare
If these conditions are not met, sleep time must be paid.
Overtime Rules for 24-Hour Shifts
Under California’s Domestic Worker Bill of Rights, caregivers are entitled to overtime when they work:
⏱ More than 9 hours in a single day
📆 More than 45 hours in a workweek
That means during a 24-hour shift:
The first 9 hours are regular pay
All remaining hours are overtime
Example:
If minimum wage is $16.90/hour:
9 hours regular pay = $152.10
15 hours overtime = $380.25
Total required pay = $532.35 for one 24-hour shift
Many caregivers are paid far less — which violates the law.
Flat Daily Rates Almost Always Violate the Law
Employers often pay 24-hour caregivers a flat rate such as:
$200/day
$220/day
$250/day
These rates almost never:
Meet minimum wage requirements
Include proper overtime
Account for overnight work
Even if you agreed to a daily rate, that agreement does not make it legal.
Live-In Caregivers Still Have Rights
Being a live-in caregiver does not eliminate your right to:
Minimum wage
Overtime
Pay for overnight work
Live-in caregivers are often owed the largest amounts of back pay, especially when employers improperly deduct sleep time.
Immigration Status Does NOT Affect Overnight Pay Rights
California law protects all caregivers, regardless of immigration status.
Employers:
Cannot threaten immigration consequences
Cannot retaliate
Cannot avoid paying wages based on status
Your rights apply no matter what.
How to Know If You’re Being Underpaid
You may be underpaid if:
You work 24-hour or overnight shifts
You are paid a flat daily rate
Overnight hours are unpaid
Overtime is not paid after 9 hours
Sleep time is deducted despite interruptions
These violations often result in years of unpaid wages.
What Should Caregivers Do Next?
If you work overnight or 24-hour shifts:
Track your hours, including interruptions
Document overnight duties
Save pay records and messages
Get a free legal review
At CaregiverOvertime.com, our attorneys have helped caregivers recover over $70 million in unpaid wages, including large claims involving overnight and 24-hour shifts.
Final Takeaway
Working overnight does not mean working for free. In California, most caregivers working 24-hour shifts must be paid for nearly all of their time, plus overtime.
If your employer is not paying correctly, you may be owed significant back pay.
👉 Visit CaregiverOvertime.com for a free, confidential consultation
You care for others — the law requires that you be paid fairly.