Many have heard the story of the California caregiver who alleged she was not paid overtime. Followers of the story will be interested to know that the case has been remanded back to a lower court by a state appellate court. Judge Mark Simons, on the bench of California’s 1st District Court of Appeals, issued the ruling on January 11th, 2019. His reversal of the Contra Costa County Superior Court’s decision in the Duffey v. Tender Heart Home Care Agency LLC has the story back in the news.
In the ruling, the judge stated that the trial court was in error when they exclusively applied the so-called “common law” test and that there is a dispute of fact as to whether or not Duffey was an employee of Tender Heart Home Care Agency LLC.
Duffey filed suit against Tender Heart alleging that the health care company was in violation of the Domestic Worker Bill of Rights or DWBR. This California state law requires domestic workers to receive overtime pay if they work more than nine hours in a day or more than 45 hours in a week.
Case documents indicate that the plaintiff signed a form contract with the company, Tender Heart, in 2011 that was titled “Professional Caregiver Agreement.” The agreement stated that Tender Heart is a “caregiver placement agency whose business is to obtain contracts for caregivers in dwellings and to refer by subcontract such contracts to professional independent caregivers.” It also stated that Duffey was an “independent domestic worker…in the business of providing care giving services in dwellings and hereby solicits such contract for services from [the company].”
Once DWBR was put in place in 2014, Duffey did not receive pay for her overtime hours. She filed suit against Tender Heart in December 2015. The lower court, Contra Costa County Superior Court, decided in favor of the health care agency, considering that Duffey was an independent contractor and not an employee of Tender Heart.
If you need help obtaining overtime compensation or if you need to talk to an experienced California employment law attorney about whether or not you are eligible for overtime wages in the workplace, please get in touch with Blumenthal Nordrehaug Bhowmik De Blouw LLP as soon as possible.