Caregiver Versus Personal Attendant - Wages and Benefits

Caregiver Versus Personal Attendant - Wages and Benefits

California Accident Attorney - Caregiver Versus Personal Attendant - Wages and Benefits Good morning. Today, I found out about California Accident Attorney - Caregiver Versus Personal Attendant - Wages and Benefits. Which could be very helpful in my opinion and also you.

Are you a caregiver or a personal attendant who works in a inexpressive household or home? As a household worker either as a caregiver or personal attendant, are you entitled to minimum wage? Over-time pay? Other benefits? What I said. It is not the actual final outcome that the real about California Accident Attorney. You look at this article for info on that wish to know is California Accident Attorney. California Accident Attorney If hired directly by an personel or family, your benefits are separate from one who is hired by a inexpressive firm or group and governed by general employment laws: applicable federal and state statutes. A live-in worker as opposed to a live-out worker is subject to special work rules discussed below. A caregiver or "care custodian" is defined by Section 15610.17 of the California Welfare and Institutions Code as: "... An administrator or an worker of...public or inexpressive facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the sustain staff and maintenance staff." A "personal attendant" is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time. In these three instances, the household worker is no longer considered a "personal attendant" and is entitled to overtime pay. Otherwise, light house retention and cooking chores qualify as work exempt from overtime compensation. Personal Attendant As Defined In Ca Iwc Wage Order 15: Section 2(J) of the California commercial Welfare Commission (Iwc) Wage Order No. 15-2001 defines "personal attendant" as follows: "'Personal attendant' includes baby sitters and means any person employed by a inexpressive householder or by any third party boss recognized in the health care commerce to work in a inexpressive household, to supervise, feed or dress a child or person who by conjecture of developed age, corporeal disability, or thinking insufficiency needs supervision. The status of 'personal attendant' shall apply when no valuable whole of work other than the foregoing is required." Indeed, the California group of Labor Standards enforcement (Dlse) has historically adopted the proper used in the federal regulations, 29 C.F.R. 552.6 on "companionship services," to wit: "...(T)he term 'companionship services' shall mean those services which contribute fellowship, care, and security for a person who, because of developed age or corporeal or thinking infirmity, cannot care for his or her own needs. Such services may comprise household work associated to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also comprise the performance of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked." Federal regulations, 29 C.F.R 552.6, supra, further clarifies that: "The term 'companionship services' does not comprise services associated to the care and security of the aged or infirm that require and are performed by trained personnel, such as registered or practical nurse." Thus, the proper duties of a "personal attendant" involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A "personal attendant's" duties of "supervising" would comprise assistance in obtaining medical care, preparing meals, shopping for personal items or groceries, using a telephone, even managing money. As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a "personal attendant," he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as "personal attendant" also excluded minimum wage in California. This overtime recompense exemption also applies to "personal attendants" as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an group and sent to inexpressive households to work. Benefits Of Household Workers: A. Minimum Wage: The state minimum wage covers all employees, including household workers (live-in employees, caregivers, and "personal attendants") but excluding legitimate independent contractors. The current California minimum wage is .00 per hour since January 1, 2008, a 6.7% growth over the former .50 minimum wage. There are any factors that conclude either a person is an independent contractor or not. But the customary factor is operate by the boss of the means, manner and outcome of the job. An independent contractor runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job. Independent contractors are not covered by minimum wage and overtime recompense statutes. B. Overtime Pay: Household workers who are not live-in employees, as well as "personal attendants" who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their quarterly rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week. Live-in employees must be paid one and one half times the quarterly rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid duplicate the quarterly rate for all hours worked over (9) hours per day. See California Iwc Wage Order No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)). Under federal law, 29 U.S.C. 213(a)(15), "any worker employed on a casual basis in domestic service employment to contribute babysitting services or any worker employed in domestic service employment to contribute companionship services for individuals who (because of age or infirmity) are unable to care for themselves" is granted exemptions from minimum wage and overtime pay. C. Other Benefits Of Household Workers: 1. Hours And Days Of Work: A live-in worker is entitled to at least twelve (12) consecutive hours free of duty during each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the worker must have at least three (3) hours free of duty during the 12 hours span of work; and (b) the worker required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours must be paid one and one-half times the quarterly rate of pay for all such hours worked. See California Iwc Wage Order No. 15-2001 3(A). Moreover, no live-in worker shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California Iwc Wage Order No. 15-2001 3(B). 2. Rest And Meal Periods: Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California Iwc Wage Order No. 15-2001 12(A), and a thirty-minute meal period of every five (5) hours worked, just like others kinds of employees, under California Iwc Wage Order No. 15-2001 11(A). Otherwise, the boss shall pay the worker one (1) hour of pay at quarterly rate for each workday that the rest period, or the meal period is not provided. See California Iwc Wage Order No. 15-2001 12(B), 11(D). But "personal attendants" are not granted rest and meal periods. 3. Meal And Housing Deductions From Wages: The boss may subtract meal and housing credits from the employee's paycheck if: (a) the worker in fact uses the meals and is in case,granted with housing; (b) meals and housing are used as wage to comply with the minimum wage; and (c) the worker executes a voluntary, written agreement, crediting meals and housing towards minimum wage. Meal reputation may be deducted as follows: breakfast - .45; lunch - .35, and supper - .50. Housing may also be credited at .75 per week for a room (.20 if shared). See California Iwc Wage Order No. 15 - 2001 10(C). In summary, either you are a caregiver or a "personal attendant" entitled to singular wages and benefits in California or in other states depends on either the general household work you do exceeds 20% of your total work time. (The Author, Roman P. Mosqueda, practices wage and hour law in California. This description is not legal advice, and no attorney-client association is formed with the reader. For specific labor law issues, consult a competent attorney.) I hope you get new knowledge about California Accident Attorney. Where you possibly can put to use within your everyday life. And above all, your reaction is passed about California Accident Attorney. Read more.. Caregiver Versus Personal Attendant - Wages and Benefits.