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Do pay laws for overnight elder care vary by state? I'm asking specifically about New York. I was told there is no overnight pay for caring for a person that needs a little assistance (getting up to go to bathroom). I was told that its assumed that I will

Geri in Shoreham, NY
Jan. 28, 2019

Do pay laws for overnight elder care vary by state? I'm asking specifically about New York. I was told there is no overnight pay for caring for a person that needs a little assistance (getting up to go to bathroom). I was told that its assumed that I will sleep 8 hours and take 2 meal breaks.

Answers
User in Dover, DE
Feb. 15, 2019

How much money should a senior caregiver receive per hour if only working 2 or 3 hrs. per day?

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Brenda in Austin, TX
Feb. 10, 2019

look it up for your state, but if a caregiver is hired to stay overnight... they should be paid. any state, any where should be paid.

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Paying for overnight care is usually determined my the caretaker and the family. If the patient is up all night and can be documented the hourly pay usually stays the same. People who work overnight usually get a premium pay. Since we are doing sleep in each case is different

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User in Charlotte, NC
Feb. 10, 2019

depends on insurance and care plan

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User in Stockton, CA
Feb. 9, 2019

If you have a private caregiver she will set a fixed rate, if you are with an agency they also have a fixed rate. You are better off with a fixed rate instead of a hourly rate hourly rates can become pricey. Good luck to you.

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Rosa in Pearland, TX
Feb. 9, 2019

I have no idea.

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I'm not sure about it.

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David in Chenoa, IL
Feb. 8, 2019

There are no pay laws. It all depends on the need and paying a flat rate for the person. There can be a standard rate for overnight care and if any assistance is required a different rate could be paid. For example incontinence and transferral to and from bed and toilet could be paid a full rate for that hour.

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Overnight care is considered working hours ONLY if the provider is not sleeping when the client is sleeping. Of course every state has specific laws. In Maryland every overnight care provider is told during the hiring process whether or not they are compensated for the overnight care. I have never had a non payment for such care.

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it depends on the insurance and how many hours the person was approved for.

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Pay laws does vary from state to state depending on the hours worked and i know down here in Louisiana if you work over night with some clients you are paid a little extra, but i'm not sure about New York, and it all depends on what has to be done over night for the client.

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I'm not sure there are any "laws" for paying someone as an independent contractor for caregiving. If you work for an agency you get paid whatever they determine is their wage. Often wages for the night shift are a bit higher than the day shift...but it isn't a law that I know of.

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New York Tax & Labor Law Summary Overtime Overtime requirements are not determined by the amount of hours or by the type of pay (hourly or salary); they are determined by the type of work. The FLSA requires domestic workers be protected by overtime laws. Household employees in New York have some additional overtime protections. Combining both federal and state laws, the requirements for New York household employers are as follows: The standard workweek is defined as 40 hours in a 7-day period. New York labor law does not allow non-exempt workers to be paid a fixed salary. New York household employees who live outside their employers home (live-out employees) are due overtime compensation for hours worked over 40 in a workweek. New York household employees who live at their employers home (live-in employees) are due overtime compensation for or all hours worked over 44 in a workweek. The overtime rate of compensation is 1.5 times the regular hourly rate (time-and-a-half). New York household employees must be granted one day (24 hours) of rest per week. If an employee agrees to work on the 7th day, all hours worked that day must be paid at the overtime rate. There maybe a different payscale for overnight assisting, but it should never be assumed by the employer that disturbed sleep on your own time is part of an underlying compensation for living on-site as a caregiver. We've paid a lot of money for a caregiver to come in specifically for the night shift in California, because my father is 92 and frequents the bathroom in the middle of the night.

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If the caregiver is hired for 12 hours night shift she should be pay for the night shift and she can rest only every 4 hours with out sleeping , when is Live in she should be able to sleep for 8 hours and have the 2 meals brake

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Most Home Care Agencies in New York City have specific rules for night shift care. I personally have been paid per hour whether or not I slept 1 hour or 5. Sometimes I would be up several times a night with the client and got no sleep. Sometimes she got sleepy at 12 other times 3 or 4 am. Anyway, I was told that for a 12hr night shift the worker must be allowed 4 hours of sleep that is part of the contract that the person doing the hiring signs with the agency. May not be the law but it is common practice. If you have to be up for all 12hrs to watch some clients then you are paid more than day shift because most people cannot do night shift. I had a client that would pretend to sleep and then get up at 4am and do things. We had to unplug the phone and lock the fridge. I would always catch her and I had to alert the other night shift staff that she was doing this. I think these people are trying to take advantage. If you have to be there you need to get paid whether its 2 trips to the bathroom and that's all or the client had an accident and soiled herself and the bathroom and you spent 3 hours cleaning it at 2am.

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I'm in FL. I don't charge around the clock care if the patient only needs checked 1 or 2 times at night. Clients in the past paid a flat rate of $25 for overnight. You are supposed to sleep during that time if you do a 24 hr shift.

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Im sorry, yes. if you are working for a company, they can say there is no pay. However, anytime you work, you need to be compensated for. In AZ, they pay up to 12hrs. How they getaway with that, who knows. They are CLEARLY breaking all minimum wage laws & yet, the powers that be, allow it. I would very clearly ask whomever it is who is trying to not to have to pay you(especially if it is a company) How much an hour THEY are making off of this night time "policy" , I guarantee you that it is at least $25 an hour. If they refuse to pay you, go elsewhere. I suggest your working on your own. Find your own clients &N get paid what you are worth & get appreciated. Those companies are ONLY out for the $. Good luck! :)

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Don't know about New York laws there is pay for overnight care with little assistance or no assistance. That client is in your care whether they go to the bathroom 1x or 10x

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I'm sorry about your experience with New York. I honestly don't know about laws from state to state. Here in Washington, a caregiver gets paid by the hour - whether it is 9am - 3pm, or 9pm - 3am, Granted the duties are different and that might mean a difference in pay. Someone getting paid to sleep shouldn't make as much as someone getting paid to bathe, dress, and feed a dementia patient. Get real. You get paid for what you do

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User in Marshall, VA
Feb. 4, 2019

IF YOU WANT HELP YOU WILL NEED TO PAY PEOPLE

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A family or patient hires a Caregiver with client and at will employee conditions. If I am working a shift, whether I'm awake or on alert to assist in overnight duties of toileting, or responding to a sudden medical need, I must be paid. Otherwise I would not be liable or bound to assist the patient. It does not matter what State I live in.

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of course their is overnight care pay and yes you do have to assist if you are being paid to do so

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It's my experience that this varies by client whether you are paid for overnight work or not. In Chicago, I was told that I would be paid for overnight but also that I'd have to remain awake thru the night. I'm not sure if there are specific laws about this. You might google it.

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Kate in Ashfield, MA
Feb. 3, 2019

I do not think you will find anyone who will work for nothing. Even if no assistance is required, the PCA is there because the client evidently should not be left alone

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well i don't know who told you that but (1) to my under standing that each state does have different pay rates. (2)by the state of Georgia label laws you are Entitled to two 15 min breaks a day that is not including your Lunch period that you work more than 8 hrs in a day. and (3) if you are working day and night for a client that require a caregiver for 24 hrs 9 time out of 10 you not going to be getting any thing near 8 hrs sleep a night, and who told you that ask them would you work the night for no money and see if they give you the answer that you are looking for Good Luck.

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Beth in Peyton, CO
Feb. 2, 2019

not sure laws are different from state. and depending on who is paying for care

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I believe caregivers still should get paid to spend the night over someone's home whether or not they do hands on because they are still away from home providing companion care at someone else's home. Whether the caregiver is doing something or not, whether they are asleep, they are still not at their home. They are considered still providing service. With all that said, they still should get paid every hour they are there and paid a fair pay because some nights may not be the same.

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if you have contract for"only" night care then you should pay no matter what. yes even though if person staying up night and she/he is living day and night all, then you have contract with person and Insurance company should pay for 24 hours certain amount which is including at the fron when you higher as a care giver.. other wise family have to pay. living in situation you should mention to care giver.that "everything should be including and this amount of money of of my love one care"... yes night duty you must pay by the law. cause person left their home to do the work. if client up one time or few times. it does not matter. set the amount and set the statement of your words>....

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From what I understand some government assistance programs such as IHSS will not cover overnight shifts it has to be the Agency or a non profit organization that covers overnight. of course independent care will have to pay for overnight coverage.

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Debra in Dublin, VA
Feb. 2, 2019

I do not feel that would be quite fair to the caregiver.

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Mary in New Hill, NC
Feb. 1, 2019

Where I work at in N C the law is that even working night 8 hours or more employees are to take a 30 min. break.

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Yimerfi in Tampa, FL
Feb. 1, 2019

No,the client doesn't have to pay extra for overnight care.

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Yes, it varies by state. If you are being paid on either side of the night and are allowed to sleep, the pay will vary. However, if you ARE woken up, you should ask for regular pay. Search for labor laws on sleeping shifts.

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If you there overnight and the person needs assistance your up with that person i think you should get paid unless its in a contract not paid for overnights.

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User in Erie, PA
Jan. 31, 2019

it varies with companies

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There is only trouble and misunderstandings to be had when anything is assumed by either a caregiver or the one seeking care. Caregivers should be upfront and clear about their expectations and that includes pay for all hours. Being on site and available in someone else's home during the night should be compensated even if it is at a lower rate than day hours.

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Caring for a senior is so rewarding . I have been with many families and they always respected my position and time . Covering nights may not be much care , but it gives the family peace knowing someone is there if anything happens . I've been able to rest but never a good sleep like home . It really comes down to what your time is worth to you and your client . I have a lot of fun with my senior friends and their families .. just talk to the family I always have great communication from the beginning .

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Is it legal to work 24 hours straight in NY? Sleep Regulations. ... However, if an employee is working a shift of 24 hours or more, the FLSA allows employers to reduce an employee's pay for time spent sleeping, as long as the employee receives a regularly scheduled break for sleep in a furnished sleeping facility provided by the employer.Jun 26, 2018 If you are working for a family it is what you decide together. If it is a business they have to go by the law. Just google it they have so much information.

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I have been a caregiver off and on for 25+ years. I have experience ranging from companionship to total care. I find this to be a very rewarding opportunity. If you are that one or have that someone that you care for who needs someone they can depend on and help to put your mind at ease I would like to have the opportunity to be that person you call on. I have several personal and professional references available.... Sincerely

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Ana in Houston, TX
Jan. 30, 2019

I'm not sure about New York, but I would assume that as long as you're providing a service there should be some kind of compensations for your work unless there was a previous arrangement.

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Joani in New York, NY
Jan. 30, 2019

can you take me off your list I no longer want to work thanks

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User in Swansboro, NC
Jan. 30, 2019

I am a PCA the woman I was taking care of has past away looking for work,

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Regardless of laws, don't take a job where they expect you to stay overnight but not to pay for it. They are swindling you. It's like being on-call, which pays less but still has an hourly fee. If it was just like not working, you wouldn't have to be there, would you?

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Ruby in Melbourne, FL
Jan. 29, 2019

Wow i really do not know the law in new york for night care givers. But i think it's your time and you wouldn't be there if there was no need at night. So you should get paid. If an agency went in they would get paid and get paid very well. Some jobs try not to pay at night if the patient sleeps but you are still protecting and there. Sounds like a live in job. You can drop the rate down a few dollars at night but still get paid

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Then they should not hire anybody for overnight shift If the client can actually stay alone at night. being there only is actually your responsibility, anything happens in the middle of the night, you will be questioned. I think they just take advantage of the care givers, because any jobs either hospitals, nursing homes, assisted living, at night the load of work always decrease, however working nights, you lose your sleep, that put you at risk of getting sick easily. any over night shift should at least pay a dollar extras, specially on the weekends. that goes for anyone working in the healthcare field including doctors, nurses,Lvn, lpn, CNA, HHA... ETC... IT IS A HUGE RESPONSIBILITY BEING OVERNIGHT AT SOMEONE S HOUSE AND NOT GETTING PAID FOR IT.

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Anita in Sardis, MS
Feb. 12, 2019

i am sure they do. yes yes new york does pay.Mediciad will payfor long term care and housing keeping.

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IN EVERY STATE IT IS DIFFERENT. SO YOU WILL HAVE TO CHECK IN YOUIR State to see what there law is

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