CASH v. WINN

No. D058657.

205 Cal.App.4th 1285 (2012)

140 Cal. Rptr. 3d 867

JOY CASH, Plaintiff and Respondent, v. IOLA WINN, Individually and as Trustee, etc., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

May 14, 2012.


Attorney(s) appearing for the Case

The Hughes Law Firm, Peter M. Hughes ; Park Fryar and Michelle Soyon Park for Defendant and Appellant.

Mitchell|Gilleon Law Firm, James C. Mitchell , Daniel M. Gilleon ; Law Office of Frank S. Clowney III and Frank S. Clowney III for Plaintiff and Respondent.


OPINION

HALLER, Acting P. J.

When a family hires an employee to care for an elderly person in his or her home, is the employee entitled to overtime pay? Under California law, the answer depends on the type of work performed by the caretaker. If the employee performs the work of a "personal attendant[]," defined to mean a "person employed . . . to supervise, feed, or dress" the client, the caretaker is exempt from overtime pay requirements...

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