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global NEWS GLOBAL NEWS CAREGIVERS:
OVER the past few years, the attorneys at CHALEFF REHWALD PETERSON (w w w.ca reg iverover t ime.com) have had the honor of informing hundreds of caregivers about the specific overtime laws that protect caregivers from being overworked and underpaid. Many of these caregivers decided to call us after reading our articles on Weekend Balita or finding our Facebook page. These are some of our favorite calls to receive. And, as a result of these calls, we have been able to help hundreds of caregivers recover millions in unpaid overtime. We would have been able to help many more caregivers. But the truth is that some caregivers who have suffered wage theft, and been exploited by their employers, do not want to pursue their claims. We have recognized several common fears that prevent caregivers from taking action. If you have been thinking about making an overtime claim, or calling to get more information, please do not hesitate to call us. We want to hear from you. Here are some of the most common concerns we hear from caregivers and the reasons why these concerns should not prevent you from seeking the overtime compensation you deserve.
Are you ready to claim your overtime in 2020?
1. “I Feel Obligated To My Patient.” By nature, caregivers are typically caring people. Many private employers take advantage of a caregiver’s compassionate nature and do not pay a fair wage. Many caregivers feel a sense of loyalty or obligation towards their employers that make them reluctant to pursue valid claims. While these are noble sentiments, it does not change the fact that caregivers who are paid less than the legally required wages are victims of wage theft. In fact, many people who hire in-home caregivers are financially able to pay for caregiving services as required by law, but simply choose not to because they want to save money. We often see the children of elderly patients making efforts to preserve their own inheritance by taking advantage of caregivers. The truth is that the family members are obligated to ensure their loved ones are adequately cared for. It is not a caregiver’s obligation to provide care in exchange for a wage that is less than what the law requires. 2. “I Am Afraid Of The Court System And Having A Lawsuit.” Many private employers refuse to pay caregivers overtime because they believe caregivers are unsophisticated and will not be able to file a legal claim. The legal process can be intimidating and confusing. But that is why the lawyers at CHALEFF REWALD PETERSON are here to help. We know the law and stand ready to help. 3. “I Signed A Document Stating I Am An Independent Contractor.” It is unlikely that an in-home caregiver is an independent contractor
Saturday-Friday | December 19 - 25, 2020
even if there is a signed a document that purports to identify them as a contractor. Still, it is common for private employers to try to conv ince ca reg ivers t hey a re independent contractors because it is much less costly and much more advantageous for them. The reality is that many private employers misclassify caregivers as independent contractors to avoid paying overtime and other employee benefits. 4. “I Did Not Pay Taxes on The Wages I Did Receive.” While we recommend that our clients pay all taxes owed for the wages received, if a caregiver has not paid taxes on wages, the caregiver still has the legal right to seek the overtime wages due. It is the employer’s obligation to properly classify the employee and withhold state and federal income taxes. If this has not happened, the employer has also violated the law.
5. “I Do Not Have A Social Security Number.” You do not need a social security number to recover overtime wages from your employer. If you succeed in your unpaid overtime claim, Chaleff Rehwald Peterson can help you get an ITIN that can be used to pay the taxes owed. 6. “I Am Concerned About Immigration Status.” California law permits undocumented workers to recover unpaid overtime wages. In our experience, our undocumented clients have not suffered any serious adverse effect from presenting an overtime claim. While we cannot guarantee no problem will arise, we believe the benefit in recovering unpaid overtime far outweighs the risk. Also, we have a relationship with an immigration attorney that can review and possibly assist with your specific immigration situation. 7. “I Do Not Want A Long Court Battle, and May Leave the Country.” Most cases settle without going to court, and many cases settle within a matter of a few months to a year. We regularly help caregivers who return to their home countries while the case is ongoing and keep in contact with us via the phone and internet. Because the laws are so strong in favor of the caregiver, most employers seek an early settlement of claims. If you are working as a caregiver and you are not paid overtime when working more than 9 hours a day, or 45 hours a week, you should consult with CHALEFF REHWALD PETERSON to discuss your rights. We are here to help. With the penalties, interest, and attorney’s fees allowed, claims can exceed $200,000 for 24-hour caregivers who have worked just one year. Even if you have only worked three to six months, you likely have a valuable claim.
This article is an attorney advertisement written by Daniel Chaleff, employment law attorney at Chaleff Rehwald Peterson in Woodland Hills. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter. The law firm focuses on caregiver rights. Please call us at (818) 807-4168 for a free and confidential consultation. Or visit us at www.caregiverovertime.com/ to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.
ASEAN parliamentarians to Duterte admin:
Stop red-tagging opposition solons MANILA (Mabuhay) — Southeast Asian parliamentarians advocating for human rights have called on the Duterte administration to immediately stop its "vicious and dangerous" red-tagging campaign against opposition lawmakers in the Philippines. The ASEAN Parliamentarians for Human Rights (APHR) made the call amid Duterte and other government officials' continued association of the House Makabayan Bloc with communist rebels even as the concerned lawmakers themselves have already denied links to the insurgents. “Red-tagging has had extremely violent consequences in the Philippines, and the fact we are seeing President Duterte leading the way on such a menacing practice is utterly inexcusable,” said Charles Santiago, a Malaysian Member of Parliament (MP) and chair of APHR. “Let’s be clear: not only do the president’s actions attempt to silence political opposition and undermine democracy, but they also directly put people’s lives at risk, particularly those who oppose his agenda," he added. The APHR noted that in the Philippines, "red-tagging" is being used by authorities to harass those perceived as threats to the country by linking them with communists or communist sympathizers, and those that have been labeled as such have either been attacked or killed. Only recently, Duterte himself even took a step further and "definitely" named the
Makabayan Bloc and other progressive groups like Bayan and Gabriela as fronts for the Communist Party of the Philippines and the National Democratic Front (NDF). He also claimed that these progressive groups are part of a "grand conspiracy" led by the CPP to oust the government. “How can lawmakers be expected to fulfil their role as a check on the executive when they themselves are being attacked?" Santiago said. "We urgently call on President Duterte and the Philippine government to stop labelling directly-elected representatives as terrorists, and allow opposition lawmakers to effectively fulfil their mandates and freely express their opinions,” he added. The APHR said Duterte's latest comments are part of his administration's widespread assault on democracy and human rights in the Philippines as they took note of the war on drugs, the jailing of government critics including APHR member Senator Leila De Lima, and the introduction of the Anti-Terrorism Act of 2020. “We call on MPs in the Philippines and across Southeast Asia to use their positions to speak up against the practice of ‘red tagging’ in the Philippines, particularly by government officials towards political opponents, and ensure that their colleagues can effectively fulfil their mandates as elected representatives of the people,” said Mu Sochua, an APHR Board Member and former Cambodian MP. (MNS)
Trillanes says he sought ICC intervention vs. Duterte’s drug war ahead of Reds MANILA (Mabuhay) — Former Senator Antonio Trillanes IV on Thursday said he and former Magdalo congressman Gary Alejano sought the intervention of the International Criminal Court in connection with the Duterte administration's war on drugs ahead of other groups, including the Reds. In a statement, Trillanes said the communication they filed in June 2017 adopted and supplemented the one earlier filed by lawyer Jude Sabio in April of the same year. "Together, these two communications formed the primary basis for the ICC’s initiation of its preliminary examination in February 2018," he said. He claimed that leftist groups and lawyer Rommel Bagares filed theirs only around mid- to late 2018. “During the first two years of the Duterte administration, the CPP/ NPA/NDF [were] in a power sharing/coalition government with Duterte. In fact, there were at least three Cabinet secretaries from t he CPP/N PA/N DF,” FORMER SENATOR Trillanes said. ANTONIO TRILLANES IV CONTINUED ON PAGE 12
