Live-In Caregivers in California: What Counts as Paid Time vs. Unpaid Time?
If you’re a live-in caregiver, chances are you’ve asked yourself this question:
“Am I supposed to be paid for all these hours — even overnight?”
You’re not alone. Live-in caregivers are some of the most commonly underpaid workers in California, largely because employers misunderstand — or ignore — the law.
This article breaks down what time must be paid, what might be unpaid, and how to tell if your employer is violating California wage laws.
Being “Live-In” Does NOT Mean You Work for Free
A common myth is that live-in caregivers are only paid for “active” hours and not for time spent on the premises.
That is not true.
California law requires employers to pay caregivers for all hours worked, and “hours worked” includes much more than people realize.
What Counts as Paid Time for Live-In Caregivers?
✅ Active Care Time
You must be paid for all time spent:
Assisting with bathing, dressing, feeding, or medication
Providing mobility assistance
Performing household tasks related to care
Supervising or monitoring the person receiving care
If you’re actively doing your job — you must be paid.
✅ On-Call Time
If you’re required to:
Stay on the premises
Be available to respond
Interrupt personal time to assist
That time often counts as paid on-call time, especially if you cannot freely leave or use the time for yourself.
✅ Overnight Time (Often Paid)
Overnight hours are one of the most misunderstood areas.
Overnight time is usually paid if:
You are required to remain in the home
You are frequently interrupted
You must respond to needs during the night
You do not receive uninterrupted sleep
Many employers incorrectly label overnight hours as “unpaid sleep time” — even when the caregiver is working.
When Can Time Be Unpaid? (Very Limited Situations)
⚠️ Uninterrupted Sleep Time
Sleep time may be unpaid only if all of the following are true:
You are provided a private sleeping area
You are allowed a full uninterrupted sleep period
You are not required to perform duties during that time
Any interruptions are rare
If you are regularly awakened to assist, sleep time becomes paid time.
⚠️ True Off-Duty Time
Time may be unpaid if:
You are fully relieved of duties
You are free to leave the premises
You can use the time for your own purposes
Many live-in caregivers are never truly off-duty, even if employers claim otherwise.
Flat Daily Rates Are a Major Red Flag
Live-in caregivers are often paid a flat daily rate like:
$180/day
$200/day
$250/day
These rates almost always violate the law because:
They fail to pay for all hours worked
They ignore minimum wage requirements
They do not include overtime
Even if you “agreed” to a daily rate, that does not make it legal.
Overtime Still Applies to Live-In Caregivers
Under California law, live-in caregivers are entitled to:
Overtime after 9 hours in a day
Overtime after 45 hours in a week
Being live-in does not cancel your overtime rights.
You May Be Owed Back Pay
If your employer:
Didn’t pay for overnight hours
Paid a flat daily rate
Failed to pay overtime
Deducted “sleep time” incorrectly
You may be owed:
Unpaid wages
Overtime pay
Penalties and interest
These claims can often go back several years.
Immigration Status Does NOT Affect Your Rights
Your right to be paid correctly does not depend on your immigration status.
California law:
Protects undocumented caregivers
Prohibits retaliation
Forbids employers from using immigration status as a threat
You are protected.
What Should You Do Next?
If you’re unsure whether your time is being paid legally:
Write down your schedule, including overnight hours
Note interruptions during sleep
Save pay records and messages
Speak with a caregiver wage attorney
At CaregiverOvertime.com, we’ve helped caregivers recover over $70 million in unpaid wages by enforcing California wage laws.
Final Takeaway
Live-in caregivers are entitled to fair pay for the time they give. If you’re required to be present, available, or responsive — that time often counts as paid work.
If your employer is not paying you for all required hours, you may have a strong legal claim.
👉 Contact US for a free, confidential consultation
You care for others — the law requires that you be paid fairly.