If I’m not certified as a CN but I took a job as a personal care assistant to an elderly woman, what are my rights to time off?
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If I’m not certified as a CN but I took a job as a personal care assistant to an elderly woman, what are my rights to time off?
I understood that I would be living with her 24/7 but I thought I would just be helping the family who lives on the same property. I was told I would be given time off, but have only been allowed to take 5-8 hours off at a time to run errands. Can they legally deny me 24 hours off in a row when I am literally working 24/7 with no help from the family?
Asked on August 6, 2015 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, they may: employers set the terms and conditions of work, and those terms and conditions can include not getting 24 hours off in a row and working essentially any number of hours in a week.
On the other hand, you would legally be considered an hourly employee. You must be paid at least minimum wage (or more, if that is the agreement) for all hours worked, including overtime (time-and-a-half) for all all hours past 40 in a workweek. And any time you are not allowed to leave the property or do as you want, but rather are restricted to property at your employer's behest and/or for their benefit is work time, even if you are not working at the moment. (To be non-work time, you must be free to do as you like and come and go, even if you have to have a cell phone with you to be reached in an emergency.) Therefore, if they are going to do this, they will have to pay you for your time, and if they don't, you could file a wage-and-hour complaint or a lawsuit against them for unpaid wages or overtime.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, they may: employers set the terms and conditions of work, and those terms and conditions can include not getting 24 hours off in a row and working essentially any number of hours in a week.
On the other hand, you would legally be considered an hourly employee. You must be paid at least minimum wage (or more, if that is the agreement) for all hours worked, including overtime (time-and-a-half) for all all hours past 40 in a workweek. And any time you are not allowed to leave the property or do as you want, but rather are restricted to property at your employer's behest and/or for their benefit is work time, even if you are not working at the moment. (To be non-work time, you must be free to do as you like and come and go, even if you have to have a cell phone with you to be reached in an emergency.) Therefore, if they are going to do this, they will have to pay you for your time, and if they don't, you could file a wage-and-hour complaint or a lawsuit against them for unpaid wages or overtime.
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