Healthcare Services and Overtime

On May 14th, 2012, in Cash v. Winn (California Courts of Appeal – 2nd District, No. D058657), the court found that one who renders personal healthcare services falls within the meaning of the personal attendant exemption for overtime wages.

In Cash, the plaintiff sued for overtime wages following a period that she provided healthcare services to an elderly woman. The plaintiff alleged that she consistently worked 18 hour days, but was not compensated for overtime. Though the plaintiff was not a registered nurse, she provided daily health care for the defendant.

The law states that "personal attendants" are exempt from receiving overtime wages. The issue in this case arose out of the interpretation of "personal attendant." The court found that an employee is a personal attendant if the primary duties arise out of "supervising, feeding, or dressing the client." The court's interpretation, as applied to this case, meant that even though one is not categorized as a registered nurse, s/he does not lose her status as a "personal attendant" if s/he performs primarily health-related services.

If your employer has wrongfully withheld wages or overtime, you may have an action for a wage and hour claim. Please do not hesitate to contact a Orange County Employment attorney today.

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