What Are the Rules for Paying 24-Hour Caregivers During Sleep?
Many caregivers are scheduled for 24-hour shifts, particularly in live-in arrangements or private homes where constant support is required. These caregivers often sleep on the premises, but the law is clear: time spent sleeping may still count as compensable work time.
Under California’s Industrial Welfare Commission (IWC) Wage Order No. 15, which governs personal attendants and domestic workers, “hours worked” includes any time during which the worker is subject to the control of the employer or is required to be on duty.
When Must Sleep Time Be Paid?
If a caregiver is not free to leave the premises, or if their sleep is regularly interrupted, they must be paid for those hours—even if they are lying down or resting.
- Woken Once Per Night – If a caregiver is woken up once during the night, the interruption may render the entire sleep period compensable if it prevents five continuous hours of uninterrupted sleep. The caregiver must be paid for all sleep time in that case.
- Woken Twice or More Per Night – If a caregiver is woken up twice or more during the night, the law presumes that five continuous hours of uninterrupted sleep were not provided, and thus the entire sleep period must be paid.
This requirement is codified in California Industrial Welfare Commission (IWC) Wage Order No. 15, Section 6(A), which permits exclusion of sleep time only if the employee receives adequate sleeping facilities, a written agreement is in place, and the employee is afforded at least five hours of uninterrupted sleep.
Additionally, being “on call” while sleeping—such as needing to be ready to assist at any time—is a form of employer control that generally triggers pay requirements. This is especially true if the caregiver is not relieved by another worker during sleep hours.
Are Flat Rates Legal for Overnight or 24-Hour Caregivers?
Many caregivers are paid a flat daily or nightly rate. However, flat rates are often illegal if they result in wages below the minimum wage or fail to account for overtime. Caregivers may receive $150 per 24-hour shift, but if all 24 hours are considered work time, that results in just $6.25 per hour—well below California’s 2025 minimum wage of $16.00/hour.
Does California Law Require Payment for Sleep Time During 24-Hour Shifts?
California labor law offers stronger protections than federal standards under the Fair Labor Standards Act (FLSA). While the federal rules allow some deduction for sleep time in 24-hour shifts, California’s Wage Order No. 15 is much more protective of workers—particularly in residential and private-home settings.
Under What Conditions Can Sleep Time Be Unpaid?
There are very limited situations where up to 8 hours of sleep time can be excluded from paid hours:
- The employer must provide adequate sleeping facilities (such as a private room and a bed), ensuring a safe, private, and quiet environment conducive to meaningful rest.
- There must be a written agreement between the caregiver and employer explicitly stating that sleep time will be unpaid and under what circumstances it applies.
- The caregiver must get at least five hours of uninterrupted sleep, meaning the sleep period must be continuous and free from any duties or disruptions.
If any of these three conditions are not fully met, sleep hours must be compensated. Even one disruption that prevents the caregiver from obtaining five continuous hours of rest will nullify the unpaid sleep time agreement, requiring the employer to pay for the entire sleep period. These protections are designed to prevent employers from misusing sleep agreements as a way to avoid wage obligations. This legal framework is established under California Industrial Welfare Commission (IWC) Wage Order No. 15, Section 6(A), and is reinforced by California Department of Industrial Relations (DIR) guidance, which emphasizes that sleep time may only be excluded when these specific requirements are satisfied.
What Is the Difference Between Live-In and 24-Hour Caregivers?
It’s important to distinguish between live-in caregivers and those working 24-hour shifts. A live-in caregiver maintains their residence in the employer’s home (e.g., a room and consistent presence), while a 24-hour caregiver may rotate in shifts or stay temporarily.
What Happens If There Is No Written Agreement to Exclude Sleep Time?
While live-in caregivers can have a written agreement to exclude some sleep time, 24-hour shift workers are generally owed pay for the entire shift unless they are truly relieved from duty for designated sleep periods. If a live-in caregiver does not have a written agreement that meets the legal standards outlined in California IWC Wage Order No. 15, Section 6(A), then all sleep time must be considered compensable.
What Are the Legal Requirements to Exclude Sleep Time from Pay?
The legal standards under Section 6(A) require:
- that adequate sleeping facilities are provided;
- that the caregiver receives a minimum of five uninterrupted hours of sleep; and
- that there is a clear, written agreement between the caregiver and the employer specifying the exclusion of sleep time from paid hours.
If any of these conditions are not fully satisfied, the caregiver must be paid for all time spent on the premises, including during sleep.
What Is the Default Rule When There Is No Valid Agreement?
In the absence of a valid written agreement that complies with these standards, the default legal presumption is that all hours the caregiver is required to remain on-site are compensable. This protects caregivers from being subjected to unpaid sleep arrangements that are not properly documented or agreed upon.
How Does Sleep Interruption Affect Pay?
Single Interruption and Partial Compensation
Even if a valid agreement exists, any interruptions to sleep must be counted as work time. For instance, if a caregiver is woken once during the night and provides care for 30 minutes, that 30-minute period is clearly compensable and must be paid. However, if the interruption prevents the caregiver from receiving five continuous hours of sleep, then the entire sleep period becomes compensable under California law. If the caregiver is otherwise able to resume uninterrupted sleep after the 30-minute task and completes five continuous hours, only the actual time spent working (in this case, 30 minutes) would be considered work time.
Difficulty Resuming Sleep After Interruption
If, however, the caregiver cannot fall back asleep or it takes an extended period—such as 45 minutes—to return to sleep, the five-hour uninterrupted sleep requirement may not be satisfied. In such circumstances, the entire sleep period may become compensable, especially if the caregiver is unable to receive meaningful rest due to the disruption. Courts and labor regulators consider both the duration and the impact of the interruption on the caregiver’s rest. This interpretation is supported by California Industrial Welfare Commission (IWC) Wage Order No. 15, Section 6(A), which requires that five hours of uninterrupted sleep be provided for sleep time to be excluded from compensation. Additionally, the California Department of Industrial Relations (DIR) has issued guidance affirming that difficulty returning to sleep can undermine the continuity of rest, making the entire period compensable.
Multiple Interruptions and Full Compensation
If the sleep is interrupted more than once, or the caregiver cannot resume five uninterrupted hours, then the full sleep period must be paid. Employers cannot lawfully deduct sleep time from wages if these conditions are not met.
What Is the Typical Pay for Overnight Caregivers in California?
Caregivers who work overnight shifts—whether as part of 24-hour care or as stand-alone night shifts—are entitled to fair pay under California law. However, actual pay varies depending on employment setting, whether they’re hired privately or through an agency, and whether the shift involves active or sleeping duties.
What Are Common Hourly and Nightly Rates for Overnight Shifts?
As of 2025, caregivers in California commonly earn between $18.00 and $25.00 per hour for awake overnight shifts. In some high-cost regions (e.g., San Francisco, Los Angeles, Santa Clara County), rates may be higher—especially for skilled caregiving.
It’s also important to note that certain California cities have adopted local minimum wage ordinances that are higher than the statewide minimum of $16.00 per hour. For example:
- Los Angeles has a minimum wage of $17.28 per hour as of July 2024.
- San Diego requires a minimum wage of $16.85 per hour.
- San Jose mandates at least $17.55 per hour.
- San Francisco leads with a citywide minimum wage of $18.07 per hour.
These local city-specific minimum wage rates mean that caregivers working overnight shifts in cities like Los Angeles, San Diego, San Jose, and San Francisco must be paid accordingly. Employers operating in these municipalities must comply with the higher city minimum wage—not just the California state minimum. Therefore, any base pay or flat rate must align with the applicable local law.
For sleep shifts, some employers offer a flat nightly rate, such as $120–$180 per night. However, flat rates are only lawful if they meet or exceed the equivalent of the local hourly minimum wage plus any applicable overtime.
For example:
- A caregiver working a 12-hour overnight shift in a city with a $16/hour minimum must be paid at least $192.00 ($16/hour × 12 hours).
- If that city’s minimum is $18/hour, the caregiver must earn at least $216.00 for the same shift.
- If they work more than 9 hours in a day or 45 hours in a week, overtime pay applies, and the flat rate must reflect that.
What Are Common Legal Violations Related to Overnight Pay?
Unfortunately, many overnight caregivers experience underpayment due to:
- Improper classification as “independent contractors”
- Unpaid sleep time despite interrupted or on-call conditions
- No overtime pay despite working beyond legal limits
- Flat daily or nightly rates that fall below wage minimums
In private hire settings, families may not be aware of these rules, and caregivers—especially those who are undocumented—may hesitate to assert their rights.
Employers who violate California wage and hour laws may face serious consequences. These include:
- Payment of back wages owed to caregivers, including unpaid minimum wage, overtime, and sleep time.
- Civil penalties for each violation, often multiplied by the number of affected employees and pay periods.
- Liquidated damages equal to the amount of unpaid wages, effectively doubling the liability.
- Waiting time penalties, where the employer must pay up to 30 days of wages if final pay is not properly provided at termination.
- Attorney’s fees and court costs, especially if the caregiver prevails in a civil wage claim.
- PAGA penalties, which allow employees to sue on behalf of the state and recover additional fines for Labor Code violations.
These consequences underscore the importance of compliance and can result in significant financial liability for employers who do not follow the law.
What Legal Options Do Caregivers Have If They Are Underpaid?
California provides multiple legal avenues for caregivers who are not being paid properly:
1. Hiring a Caregiver Wage Attorney
Caregivers who believe they are underpaid may choose to consult with an employment attorney who specializes in caregiver wage claims. Legal professionals such as Caregiver Attorney Brad Nakase at the Nakase Law Firm can provide personalized legal guidance, help evaluate your case, and represent you in wage recovery actions. Having an attorney can be especially valuable when dealing with complex violations or when the employer disputes the caregiver’s claims.
An experienced attorney can:
- Assess the caregiver’s eligibility for unpaid wages
- Help calculate overtime and missed rest or meal break penalties
- Represent the caregiver in court or settlement negotiations
- File claims under the Private Attorneys General Act (PAGA) if multiple workers are affected
2. Filing a Wage Claim with the Labor Commissioner (DLSE)
Caregivers can also file a wage claim with the California Division of Labor Standards Enforcement. They can recover:
- Unpaid wages (including for sleep hours)
- Overtime
- Penalties for missed meal/rest breaks
- Liquidated damages and interest
