09/01/2026
Are you really “off duty” if you still have to stay in the client’s home and be ready to help?
California caregivers are often told:
“You’re not working while the client is sleeping.”
“You’re just waiting.”
“You can relax until they need you.”
But the key question may be whether you are actually free to leave and use the time however you want.
If you must remain nearby, supervise the client, respond to emergencies, help with bathroom trips, or stay available throughout an overnight shift, some of that time may potentially count as hours worked.
And if it does, it can also affect your overtime.
Read our latest article:
What Is the Difference Between Being “On Call” and “Off Duty” as a Caregiver? California Law Explained
https://www.caregiverovertime.com/publications/what-is-the-difference-between-being-on-call-and-off-duty-as-a-caregiver-california-law-explained
If you believe hours spent waiting, supervising, or staying overnight were excluded from your pay, CaregiverOvertime.com can help you understand your rights.