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global NEWS GLOBAL NEWS IN-HOME CAREGIVERS: ARE YOU PAID OVERTIME?
Saturday-Friday | October 10 - 16, 2020
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IF you are employed as a 24hour caregiver, working aroundthe-clock to provide care and assistance to an individual inside their home, you are most likely entitled to overtime compensation. If you are paid a fixed daily rate, regardless of the actual hours you work or the quality and quantity of work you perform, you are not receiving overtime compensation and likely have a valuable claim for wage theft. This is true whether you are hired directly by the care recipient or paid through a home care agency. In 2014 the Domestic Workers’ Bill of Rights (“DWBR”) became law in California. The law was passed as part of a movement to enhance the rights of domestic workers, whom the California Legislature deemed to be some of the most invisible and vulnerable workers in the state. Now, under the DWBR, in-home caregivers are entitled to receive overtime wages for all hours worked in excess of 9 in a day or 45 in a week. In California, most 24-hour caregivers must be paid a minimum of $378.00 per day to comply with the requirements of the DWBR. The first 9-hours of work should be paid at the legal minimum wage rate of $12.00 per hour, which equals $108.00. Then, for the remaining 15 hours, the law requires overtime payments at a rate of $18.00 per hour, which amounts to an additional $270.00 per day. Unfortunately, in actual practice, most caregivers receive far less than the applicable minimum wage, often earning as little as $180 to $240 per day. A 24-hour caregiver who is earning less than $378.00 per day likely has a very valuable claim for wage theft. For example, if you are a caregiver working 24-hours per day, 5 days per week for a salary of $1,100 per week (or $220 per day), your weekly unpaid overtime claim is calculated as follows: Your weekly salary of $1,100 is divided by 45 hours to calculate a regular rate of pay, equal to $24.44 per hour.
Your overtime rate is 1.5 times your regular rate of pay, which amounts to $36.66 per hour. Your pre-determined salar y does not compensate you, at all, for the 15 daily overtime hours you work. So, each day, you accrue $550.00 of unpaid overtime wages. Employers, who willfully fail to pay an employee the requisite overtime compensation, are also subject to liquidated damages, which could add an additional $180.00 per day to the wage theft claim. Plus, the law provides for
interest, attorneys fees, and penalties. In the above example, the hypothetical caregiver is owed $2,750 in unpaid overtime wages per week. On a yearly basis, the overtime claim alone exceeds $140,000. We have helped many caregivers whose claims exceed $500,000 in damages with the addition of penalties, liquidated damages and interest, after working for several years. Caregivers, who are victims of wage theft, may recover their unpaid wages going back 4 years from the date a lawsuit is filed in court. We have helped many caregivers file claims against their former employers. Even if you last worked several years ago, you still have time to pursue a claim. The one exception is if the care recipient patient has passed away. In that instance, a claim against the care recipient’s estate must be filed within 1 year of their passing, or sooner if an estate has been opened. If you are a caregiver and are hesitant to proceed with claims for wage theft against your current or former employer please visit our website at www.caregiverovertime.com/pa/concerns/ to review our article that addresses many of the common concerns we have heard from caregivers. If you are a caregiver working 24-hour shifts without overtime compensation, we want to talk with you about your legal rights. We provide compassionate and confidential consultations. Please contact us at (818) 807-4168, for a free case evaluation.
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 case evaluation. Or visit us at www.caregiverovertime.com/ to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.
Philippines now qualified for a more relaxed e-visa to Russia
MANILA (Mabuhay) — Starting 2021, Filipinos will be able to apply for an e-visa to travel to any part of Russia, its embassy in Manila said. Russian Prime Minister Mikhail Mishustin, the embassy said on its Facebook page, has signed a directive approving a revised and more relaxed pilot visa procedure for the Philippines and 51 other countries. "As of now, the e-visa will be applicable throughout Russia. Foreigners can enter via the specially equipped checkpoints anywhere in the country and travel throughout Russia," the embassy said. Also, the duration of a stay for foreigners has been extended from eight to 16 days. "E-visas will be issued online for tourism, business, humanitarian and guest trips," it said, adding that applicants "do not need an invitation, hotel booking or any other documents to confirm their reasons for travel." Visa fee is $40 and free for children aged below six. Application procedures and other details will be announced by the embassy soon. The pilot e-visa project was first introduced in 2017, but travel was limited to selected Russian regions. Before, foreigners with an e-visa could only enter Russia through checkpoints in the Far Eastern Federal District, St Petersburg and the Leningrad and Kaliningrad regions. "So, starting from 2021 Filipinos will have an easy way to visit Russia," the embassy said. (MNS)
Companies may delay grant of 13th month pay this year MANILA (Mabuhay) — The Under the law, if a business Department of Labor and Em- establishment is characterized ployment (DOLE) urged com- as a distressed company, it is panies affected by the corona- exempted from giving 13thvirus disease 2019 (Covid-19) month pay. pandemic just to delay and not “We have to come up with an completely discard the grant of advisory to determine what is 13th-month pay to their work- the meaning of a distressed ers. company or a distressed busiIn a v irtua l ness estabpress briefing l ish ment on Thursday, for them to Labor Secretary be exemptSilvestre Bello ed from the III said the issue payment,” on the grant of he said. 13th-month pay Meanneeds to be diswhile, Belcussed by the lo said they LABOR SECRETARY m a na gement are looking SILVESTRE BELLO III and employees. to exempt This came as quarantine re- micro, small and medium enstrictions impaired the econ- terprises (MSMEs) from payomy and affected business ment of 13th-month pay. operations. “Undersecretary Benjo (Be“Since the businesses are navidez) and I discussed when not doing well and the man- it comes to 13th-month pay, if agement cannot afford to give MSMEs may be exempted and such pay, they may defer it. then those with a capitalization That might be the more ac- of PHP1 million and above may ceptable formula to address be required but this is still bethe issue of the payment of the ing studied, it will be a subject 13th-month pay. They cannot of a tripartite consultation,” he pay it right now, maybe they added. can settle it next year or next President ia l Decree 851 month. That’s an option. The provides for the grant of 13thother option is, if the company month pay as a mandatory benis distressed, (you) are excused. efit for private sector workers But you have to prove that you An employer may give his or are distressed," Bello added. her employees half of the 13thBello admitted that they have month pay before the opening to come up with an advisory of the regular school year and to determine the meaning of the remaining half on or before “distressed company”. December 24 every year. (MNS)
