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CAREGIVERS are often overworked and underpaid. Our California lawmakers have enacted strong laws to protect caregivers and make it easier to recover unpaid wages. Still, many caregivers we speak with are reluctant to pursue their claims. Here are some of the most common concerns we hear from caregivers and the reasons why they should not prevent you from seeking justice and the compensation your are legally due.
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Saturday-Friday | January 4 - 10, 2020
CAREGIVERS: Here Are The Top 7 Concerns Caregivers Have In Deciding To Assert An Unpaid Overtime Claim
1. Feelings of Obligations to Caregiving Recipients By nature, caregivers are typically caring people. Many private employers take advantage of a caregivers compassionate nature and do not pay a fair wage. Many caregivers feel uncomfortable going after those they provided care for and their family members. Many feel a sense of loyalty or obligation towards their employers. While this is noble sentiment, it does not change the fact that caregivers who have been paid less than the legally required wages are victims. In fact, many people who utilize in home caregivers are financially able to pay for caregiving services as required by law, but simply chose 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. 2. 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 win a settlement, we can help you get an ITIN that can be used to pay the taxes you owe. 3. I Am Concerned About Immigration Status. California law permits undocumented workers to recover unpaid overtime. 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 your unpaid overtime outweighs your risk. We also have a relationship with an immigration attorney that can review and possibly assist you with your specific situation. 4. Fear of The Legal Process Many private employers pay caregivers less than is required because
they believe caregivers are unsophisticated and will not be able to navigate the legal proceedings necessary to recover unpaid overtime. The legal process can be intimidating and confusing. But that is why the lawyers at Chaleff Rehwald are here to help. We know the law and stand ready to help you.
5. I Signed a Document Stating I am an Independent Contractor. It is unlikely that an in-home caregiver is an independent contractor under the law even if you have signed a document saying so. Still, it is popular for private employers to try to convince you that you are an independent contractor and pay you as one 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. In many cases, a document stating a caregiver is an “independent contractor” will have little impact on the caregiver’s ability to recoup unpaid overtime. Often, the employers retain so much control of a caregivers duties the true facts of the employment will overcome any purported agreement. 6. 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 you have not paid taxes on your wages, you still have the right to seek the overtime wages you are due. It is the employer’s obligation to properly classify you as an employee and withhold state and federal income taxes from your paychecks. If this has not happened, it is also problematic for your employer who has violated the law. The most important thing to understand is that it does not impact your ability to recover unpaid overtime. 7. I Do Not Want to Get Involved in a Long Court Battle, and I 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 have clients who return to their home countries while the case is ongoing. All we need is the ability to contact you and have you return if necessary for the case. 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 24-hour caregiver and you are not paid overtime when working more than nine hours a day, or 45 hours a week, you should consult with Chaleff Rehwald to discuss your rights. We are here to help. With the penalties, interest, and attorneys fees allowed, claims often exceed $100,000 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 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.cr.legal/ebook to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.
MortGAGe uPdAte… FroM PAGe 7 the US rate. And with Millennial first-time buyers facing affordability obstacles, many of them are either renting or making the difficult choice to leave to cheaper housing markets. California housing market predictions 2020 suggest you’ll enjoy high rental occupancy rates and even a rising return on investment – if you invest in rental properties in the right locations. Of course, California is a large state and real estate market conditions can vary from one city to another. If you’re thinking of buying a house in California for real estate investment, this could be good news. 3- California Home Inventory Will Improve As mentioned, over the past few years, there hasn’t been enough inventory of homes for sale to satisf y the demand in many parts across California – and across the US housing market as well. But the California housing market predictions 2020 suggest that we can expect inventory to improve in the coming year. This is largely due to the increase in active listings in all regions as homes are staying longer on the market. As C.A.R reported, the Unsold Inventory Index (UII), which measures the number of months it would take to sell the supply of homes on the market at the current sales rate, was 3.4 months in June 2019 (up from 3.0 months in June 2018).
While still relatively tight from a historical perspective, improving inventory indicates that the California real estate market is getting back toward more balance between supply and demand. This is good news for those thinking of buying a house in California in 2020 as there are more options to choose from. 4- California Home Sales Will Drop As Appleton-Young explains in her California housing market predictions report, house prices are likely to drop due to declining home sales in the state. In fact, while the level of inventory and listings is currently growing, home sales have already faltered. But why are homes sales declining despite the lower prices? As you can expect, it all goes back to the continuous affordability issue in the California real estate market. Based on Zillow’s chart above, the median price for a California home for sale is now in the $500k range. In major metros, it’s much, much higher and the average home buyer simply can’t afford to buy. As a result, many would-be buyers are priced out of the California housing market or fed up after years of price growth. But as prices have stabled and are predicted to drop, potential buyers are choosing to wait on the sidelines. 5- California Rental Rates Will Rise Unlike many real estate markets
in the US, it seems that Californians have answered the question “buy vs rent?” – renting is the winning answer. This doesn’t come as a surprise given the ultra-high house prices. First-time buyers simply can’t come up with the down payment or manage the hefty mortgage payments and, hence they choose to keep renting. However, despite the fact that mortgage interest rates are lower and home prices are beginning to fall, California housing market predictions 2020 from Zillow suggest that rent prices will rise. This California real estate trend is different from different markets so what’s the reason behind rising rental rates in California ? The rising average per capita income is not keeping up with the rising house prices. Also, while the state wants to boost new housing construction, housing developers aren’t coming to the rescue with permits dwindling. Add to this the lack of land available, booming economy and threat of inflation, rising wages and buyer expectations, and the increasing numbers of millennials wanting to buy. Have a Great New Years Looking forward serving you in 2020. Thanks again for your support and please call Ken Go of 1st Innovative Finance Group 562-508-7048 or write to Kennethgo@verizon.net. CABRE 01021223 NMLS 238636
Lorenzana: Killing of Iranian general has no immediate impact on PHL
DEFENSE Secretary Delfin Lorenzana on Friday said the killing of top Iranian commander Quasem Soleimani at the Baghdad international airport has no immediate impact on the Philippines. “Immediately, I think there is no effect on us. [We] will see in the coming days,” Lorenzana told GMA News Online. Lorenzana assured the public that the Philippine military would be monitoring the security situation outside the country as it has always been part of its duty. The Defense chief, however, said there is no adjustment on the security measures in the Philippines at the moment. Soleimani, who was seen as a deadly adversary by the US and its allies, was killed in a US airstrike in Baghdad. President Hasan Rouhani warned that Iran and the “free nat ions of t he region” would take revenge on the killing of Soleiman i . (GM A LorenZAnA
News)
