13th month pay this year

IN-HOME CAREGIVERS: ARE YOU PAID OVERTIME?

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 salary 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 qualifi ed 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 busi-

In a virtual ness estabpress briefing lishment 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 dis- while, Belcussed by the lo said they management LABOR SECRETARY are looking and employees. SILVESTRE BELLO III 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 Presidential 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 13th-

Bello 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)

UNHRC assistance to PH 'very much appreciated' — Palace

MANILA (Mabuhay) — Malacañang on Thursday welcomed the United Nations Human Rights Council's (UNHRC) resolution which calls for a "technical assistance" to the Philippines’s efforts to further strengthen its human rights and accountability mechanisms.

The resolution, adopted by the UNHRC on Wednesday, requests the office of UN rights chief Michelle Bachelet to provide support to the Philippine government in its "continued fulfillment of its international human rights obligations and commitments."

It also urges member states and relevant UN agencies to “encourage and support technical cooperation between the Philippine government and OHCHR (Office of the High Commissioner for Human Rights).”

“We are thankful for the UN Human Rights Council. Tama po naman iyong kanilang ginawang resolution (The resolution they made is correct),” Presidential Spokesperson Harry Roque said in a Palace press briefing.

The resolution was introduced by the Philippines, India, Nepal and non-member states Hungary, Iceland, Norway, Thailand, and Turkey.

The 47-member intergovernmental body adopted unanimously a decision that recognizes the Philippines domestic institutions’ accountability to address cases of human rights violations alleged by activists and interest groups.

“Ito pong latest resolution ng UN Human Rights Council, nagbibigay ng technical assistance sa atin is (This latest resolution of the UN Human Rights Council giving technical aid to us) is very much appreciated,” Roque said.

Roque said the resolution is proof that the UNHRC believes that the country’s criminal justice system is functional.

“Iyan po ay nagpapakita na nagtitiwala pa rin ang UN Human Rights Council sa mga institusyon para mapanagot po ang mga lumalabag sa karapatang pantao ng ating mga kababayan (That shows that the UN Human Rights Council trusts in the institutions to persecute those who violate the human rights of our citizens),” he said.

He said the national government will “fully cooperate” with the UNHRC in promoting and protecting human rights in the Philippines, admitting that the government is “not perfect.”

“We will fully cooperate po with the UN Human Rights system, dahil iyan naman po ang gusto natin. We are not saying, we are perfect, kaya nga kung gusto ninyo, huwag na ninyo kaming pulaan, tulungan na lang ninyo kami (because that’s what we want. We are not saying, we are perfect, that’s why if you want, don’t criticize us, help us instead),” he said.

According to Roque, this was a welcome development compared to criticism made by the opposition without providing any solutions to the problem.

“We always welcome cooperation. Ang ayaw lang po ng Presidente iyong pula nang pula, wala namang solusyon ‘no at ito po ay nanggagaling pa doon sa kakilalang kalaban ng ating gobyerno (The President just doesn’t like criticism from the opposition without offering solutions). So, we always welcome cooperation with the United Nations on a very important topic such as human rights,” he said.

In a speech before the UN General Assembly, President Rodrigo Duterte expressed readiness to engage in dialogue and constructive engagement with the United Nations on matters concerning human rights.

Duterte, however, said this dialogue should be done “in full respect of the principles of objectivity, noninterference, non-selectivity, and genuine dialogue.”

A total of 40 states put their names behind the resolution, as its co-sponsors, namely the Philippines, Iceland, Australia, Austria, Bahrain, Bulgaria, Cambodia, Canada, Denmark, Egypt, Estonia, Finland, Hungary, India, Indonesia, Italy, Japan, Jordan, Latvia, and Liechtenstein.

Others include Lithuania, Malaysia, Malta, Myanmar, Nepal, New Zealand, Norway, Peru, Poland, Portugal, Qatar, Republic of Korea, Sierra Leone, Slovenia, Somalia, Spain, Sweden, Switzerland, Thailand, and Turkey.

More countries are expected to register as co-sponsors until Oct. 21, 2020.

The UNHRC “recognizes” government initiatives to review and reevaluate the extrajudicial killings and other human rights violations under the crackdown on illegal drugs.

The resolution also noted that government’s “announcement of the creation of a review panel that would reevaluate cases where deaths that occurred during operations under the anti-illegal drugs campaign.”

The Council’s adoption of the resolution represents a significant reversal of a narrow and contentious decision reached in July 2019 that called for the High Commissioner to report on the human rights situation in the Philippines, on the basis of unverified and sweeping allegations on extra-judicial killings.

That decision was adopted after contentious voting, with 18 yes votes, with the rest of the 47-member Council voting No or abstaining. The Philippines rejected the resolution, citing that it was an abuse of Council processes and it ignored facts and realities on the ground. (MNS)

Anti-terror law IRR in ‘fi nal stages,’ done by Oct. 14, — Guevarra

MANILA (Mabuhay) — The implementing rules and regulations (IRR) of the anti-terrorism law will be finished by October 14, Justice Secretary Menardo Guevarra said Thursday.

Guevarra said the IRR is in its "final stages," expressing confidence that the authorities in charge of promulgating the rules will meet their deadline.

The IRR will be published after the Anti-Terrorism Council's (ATC) meeting on October 14, he said.

While Guevarra declined to talk about the highlights of the IRR for now, he said there was no provision on social media regulation in the draft that he saw.

Military chief General Gilbert Gapay, early into his appointment, suggested to include social media regulation in the IRR of the anti-terrorism law, claiming that terrorists have been using social media to "radicalize" the youth.

But Senator Panfilo Lacson, a proponent of the law, said the statement was ill-advised. Muntinlupa City Representative Ruffy Biazon, another proponent, said regulating social media goes against the intention of the law.

The anti-terrorism law mandates the ATC and the Department of Justice, "with the active participation of police and military institutions," to promulgate its IRR within 90 days after it takes effect.

Though the law took effect last July, Guevarra said at the time that it was prudent to wait for the IRR before enforcing it.

Interior Secretary Eduardo Año and Defense Secretary Delfin Lorenzana agreed but said the law will be applied in the event of a terrorist act.

The anti-terrorism law is one of the most heavily challenged laws before the Supreme Court, with more than 30 petitions seeking its nullification despite reassurances from the Duterte administration that it is not anti-activist legislation.

Its critics say it could trample on basic rights and legitimize attacks against dissenters. (MNS)