Do you have caregivers or carers working in households or at home? As a care worker or a domestic worker as a caregiver, are you eligible to pay the minimum wage? Overtime fee? Other benefits?
When individuals or families are employed directly, the benefits are different from the benefits hired by private companies or agents and regulated by the general employment law: federal and state laws applied.
A living employee, not a surviving employee, is subject to the special work rules described below.
Caregiver or care manager is defined as follows according to Section 15610.17 of California State Welfare Organization Code.
"... Person who provides nursing care or service to elder or subordinate adults, including administrators or employees of public or private facilities or agencies, or members of support staff and maintenance staff.
"Personal attendant" is not eligible to receive overtime compensation except in the following cases. (1) He or she is a tenant. Egypt (2) He or she conducts general housekeeping (cleaning, cooking, taking, dressing or supervision) more than 20% of total working time. Egypt (3.) He or she will do duties (pulse check, temperature intake, medication) like a nurse more than 20% of the total working time.
In these three examples, domestic workers are no longer considered a "personal attendant" and are eligible to pay overtime. Otherwise, the defense of a light house and the chores of cooking become jobs exempt from overtime compensation.
Personal attendant as defined in CA IWC Wage Order 15:
Section 2 (J) wage order number 15-2001 of the California Industrial Welfare Committee (IWC) defines "personal attendees" as follows.
"Babysitter" means a babysitter and means a person employed by a third-party employee recognized in the medical industry to work in a private household or a private household, and the child's supervision, disability or Those who need supervision due to spiritual flaws need to apply the status of "employees" if important work other than the above is not required.
In fact, the California State Labor Standards Board (DLSE) has historically adopted the "companion service" standard used in Federal Regulation 29 CFR 552.6.
"Dating service" means a service that provides fellowship, care and protection for those who can not take care of for elderly, physical or mental illness. Such services Includes housekeeping related to agreed or pre-marital care such as meal preparation, bed making, clothes washing, and other similar services. The total working hours of the week worked.
Federal Regulation, 29 CFR 552.6 (above) further clarifies the following:
"Registered nurses and practical nurses do not include services related to the care and protection of agreements and nurses who are required by trained personnel.
Therefore, the permissible mission of "assistant" includes activities of daily life such as bringing in bed, showering, bathing, using toilet. The duties of the "supervisor" of individual leaders include assistance such as obtaining medical care, preparing meals, shopping for personal supplies and groceries, using telephone, and managing money.
As long as the general housekeeping duties performed do not exceed 20% of the weekly working hours spent by "private attendees", he protects California state wage order number 15-2001, such as overtime compensation It is exempted from. However, it excludes the minimum wage. But before 2001, even though it was classified as "private attendee", the minimum wage in California province was excluded.
This overtime compensation exemption also applies to other domestic workers such as "Caregiver" and care workers and is employed at an agent and is employed at home by 20% or less of the working hours of general family work.
Benefits of family workers:
A. Minimum wage:
State minimum wage covers all employees, including domestic workers (living employees, caregivers, and "carers"), except for regular independent contractors. Current California's minimum wage is $ 8.00 per hour since January 1, 2008, 6.7% higher than the previous minimum wage of 7.50 dollars.
There are several factors that determine whether a person is an independent contractor. But the main factor is employers' means, methods, and income control. Independent contractors operate their own home service business, have their tools and materials, and manage the way and results of their work.
Independent contractors are not covered by the minimum wage law and overtime compensation law.
B. Overtime work:
Employees of households who are not living employees, and "private attendees" who work for general households with more than 20% of working hours per week, have overtime compensation consisting of 1.5 times normal salary There is a right to receive You can work more than 8 hours a day, or more than (40) hours a week.
A living employee must pay 1.5 times the normal rate for all hours worked for more than 12 hours (not over 8 hours) on 1 business day for 5 business days. On the sixth and seventh days, all employees who worked more than (9) hours a day must pay twice the normal fee. California IWC wage order number 15-2001 3 (A) - (B) (8 Cal Code Regs. 11150 (3) (A) - (B)).
Under federal law 29 USC 213 (a) (15), "employees accidentally employed in domestic employment to provide babysitting services" or employees employed in domestic service employment are poverty ) Can not care for themselves "is given an exemption from minimum wage and overtime allowance.
C. Other benefits of domestic workers:
1. Time and days of work:
A living employee has the right to work continuously for at least 12 hours during each 24-hour workday and the total daily time must not exceed 12 hours (a) the employee has 12 hours of You must have at least 3 hours of obligation during the work period. (B) Employees who are required or permitted to work during scheduled overtime hours or contracted overtime hours must pay 1.5 times normal wages for all working hours not. California IWC Payment order number 15-2001 3 (A) for reference.
In addition, employees must work for more than 5 days in any week without taking vacation at least 24 hours a day, except in an emergency. California IWC wage order number 15-2001 3 (B).
2. Rest and meal period:
Domestic workers have the right to take a 10 minute break every four hours under California IWC wage order number 15-2001 12 (A) and are given a mealtime of 30 minutes every 5 hours California State IWC wage order number 15-2001 11 (A), worked like any other kind of employee.
Otherwise, the employee will pay an hourly wage to the employee for a certain period of time for each remaining period, or for each service that the meal period is not provided. California state IWC wage order number 15-2001 12 (B), 11 (D). However, "private attendees" are not given a period of rest and meals.
3. Amount of deduction for meals and houses from lunch:
Employers can deduct meals and housing credits from employer salaries in the following cases: (A) Employees actually use meals and houses are offered. (B) Food and housing are used as salary to comply with minimum wages. (C) Employees execute voluntary written agreements, credit unions, minimum wage housing.
Meal credits may be deducted as follows: Breakfast - $ 2.45; Lunch - $ 3.35, dinner - $ 4.50. Housing is calculated as $ 31.75 per week ($ 26.20 per week). California IWC wage order number 15 - 2001 10 (C).
In summary, whether you are a caregiver or a "personal attendant" who can receive specific wages and benefits in California and other states, whether the general household work you do is your It depends on whether it exceeds 20% of total working hours.
(Practice wage and prescription law in the author, Rome · P · Mosqueda, California.
This article is not a legal advice, a lawyer with a reader - a customer relationship is not formed. For specific labor law problems, please consult a competent lawyer. )
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