GLOBAL NEWS CAREGIVER LAW OVERVIEW FOR 2020
Saturday-Friday | October 31 - November 6, 2020
WORKING WORKING as as a a caregiver caregiver in in a a private private home, home, an an assisted assisted living living facility facility or or nursing nursing home home is is hard hard work. If this is your job, work. If this is your job, you you probably probably work work long long hours hours and and ret ret u u rr n n home home physica physica ll ly ly a a nd nd emotionally drained. You may emotionally drained. You may provide provide 24-hour, 24-hour, live-in live-in help help to to the the elderly elderly or or incapacitated. incapacitated. M Ma a ny n y rr ee ss ident ide nt ii a a ll pr pr ii vv a a tt ee households, resident ia l ca households, resident ia l ca re re facilities facilities and and nursing nursing homes homes ignore ignore overtime overtime laws. laws. These These violations violations can can deprive deprive caregivers caregivers of of significant significant wages wages totaling totaling thousands thousands and and even even hundreds of thousands hundreds of thousands of of dollars. dollars. If If you you are are a a caregiver caregiver employed employed by by someone someone who who refuses refuses to to follow follow wage wage and and hour hour laws, laws, you you may may be be entitled entitled to significant compensation. to significant compensation. Reading Reading up up on on your your rights rights is is the the first first step step toward toward claiming claiming what what you you are are due. due. Discussing Discussing the the matter matter with with an an experienced experienced attorney attorney at at Chaleff Chaleff Rehwald Rehwald Peterson Peterson is is the the next next and and most most important important step. step. When employers refuse to pay When employers refuse to pay caregivers caregivers the the legally legally required required minimum minimum or or overtime overtime wages, wages, it it is is aa form form of of wage wage theft. theft. The The employers employers are are essentially essentially stealing stealing wages wages from from workers workers who who care care for for the the elderly. elderly. Thankfully, Thankfully, California California law law sets sets minimum minimum requirements requirements for for aa caregiver’s caregiver’s wages wages and and working working conditions. conditions. These These laws laws include include aa minimum minimum wage wage and and overtime overtime in in most most circumstances. circumstances. An An employer employer has has no no right right to to pay pay an an employee employee less less than than the the legally legally required required minimum minimum or or overtime overtime wages wages and and anyone anyone who who does does engage engage in in wage wage theft. theft. Wage theft takes many forms Wage theft takes many forms and and may may include include failing failing to to pay pay for for sleep sleep or or “on “on call” call” time, time, paying paying aa
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weekly weekly or or daily daily salary salary that that is is too too low low or or classifying classifying an in-home caregiver as an “independent an in-home caregiver as an “independent contractor” contractor” to to circumvent circumvent California’s California’s wage wage and and hour laws. hour laws. California California provides provides greater greater protection protection to to caregivers than exists in most other caregivers than exists in most other states. states. For For instance, instance, the the minimum minimum wage wage in in California California will will increase incrementally to $15 by 2022. increase incrementally to $15 by 2022. Cities Cities can can enact enact higher higher minimum minimum wages. wages. Caregivers Caregivers who who are are victims victims of of wage wage theft theft can can claim claim the the compensation compensation that that is is legally legally due. due. On January On January 1, 1, 2014, 2014, California California enacted enacted the the Domestic Worker Bill of Rights (DWBR). Domestic Worker Bill of Rights (DWBR). The The DWBR DWBR mandates mandates overtime overtime payments payments for for personal personal attendants. This law provides that an attendants. This law provides that an employer employer cannot cannot hire hire personal personal attendants attendants to to work work more more than nine hours in a day or 45 hours in a than nine hours in a day or 45 hours in a workweek workweek without without paying paying overtime. overtime. Overtime Overtime under under the the DWBR DWBR is is set set at at one one and and one-half times the employee’s regular rate one-half times the employee’s regular rate of of pay. pay. That That means means that that if if you you are are an an in-home in-home caregiver, caregiver, you you are are entitled entitled to to 150% 150% of of your your hourly hourly wage wage for for every hour you work over nine hours in any every hour you work over nine hours in any given given
day, day, and and all all hours hours you you work work beyond beyond 45 45 hours hours in in a a week. week. No No w w tt h ha a tt tt h h ee C Ca a ll ii ff or or n n ii a a legislature has created the right legislature has created the right to to overtime overtime for for personal personal attendants, attendants, an an in-home in-home caregiver caregiver who who is is not not paid the required overtime wages paid the required overtime wages can can claim claim their their unpaid unpaid wages. wages. You he You can can recover recover not not just just tthe overtime overtime you you are are due, due, but but also also attorney’s attorney’s fees fees and and costs costs incurred incurred in the lawsuit. It is also in the lawsuit. It is also possible possible to to recover recover interest interest and and penalties penalties if if you you are are not not properly properly paid paid overtime overtime compensation. compensation. Caregiver overtime Caregiver overtime law law is is highly highly complex. complex. In In fact, fact, an an entirely entirely different different set set of of laws laws apply apply to to a a caregivers caregivers who who work work in in residential residential care care facilities facilities and and nursing nursing homes homes for for the the elderly. elderly. These These caregivers caregivers have have always always been been entitled entitled to to overtime overtime under under California California law. law. These These caregivers caregivers must must be be paid paid overtime overtime for for all all hours hours they they work work in in excess of 8 hours in a day or 40 hours in a excess of 8 hours in a day or 40 hours in a week. week. In In addition, addition, they they are are generally generally entitled entitled to to double double time time payments payments for for all all hours hours worked worked in in excess excess of of 12 12 in in any any single single day day and and may may be be entitled entitled to to meal meal and and rest rest breaks. breaks. The The rules rules for for sleep sleep time, time, on-call on-call time and live-ins are also different. time and live-ins are also different. If If you you are are aa caregiver caregiver and and believe believe your your employer employer has has not not paid paid you you fairly fairly under under the the law, law, you you may may have a strong case for compensation. Since have a strong case for compensation. Since the the laws laws in in this this area area are are complex, complex, you you should should contact contact an an experienced experienced attorney attorney who who has has aa documented documented and and demonstrated demonstrated expertise expertise in in representing representing caregivers. caregivers. The The attorneys attorneys at at Chaleff Chaleff Rehwald Rehwald Peterson have the experience Peterson have the experience you you need. need. We We are are here here to to help! help!
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This This article article is is an an attorney attorney advertisement advertisement written written by by Daniel Daniel Chaleff, Chaleff, employment employment law law attorney attorney at at Chaleff Chaleff Rehwald Rehwald Peterson Peterson in in Woodland Woodland Hills. Hills. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter. The law firm focuses Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter. The law firm focuses on on caregiver caregiver rights. rights. Please Please call call us us at at (818) (818) 807-4168 807-4168 for for a a free free and and confidential confidential consultation. consultation. Or Or visit visit us us at at www.caregiverovertime.com/ www.caregiverovertime.com/ to to learn learn more more about about caregiver caregiver overtime overtime law. law. We We offer offer a a 24-hour 24-hour chat chat line line on on our our website. website.
DFA probe on PHL envoy to Brazil caught assaulting maid starts, report in 15 days — Locsin
Zubiri: 'Unnecessary' celebrity red-tagging adds to Anti-Terrorism Law confusion
MANILA (Mabuhay) — Recent red-tagging incidents involving celebrities and women's rights group only sowed more MANILA (Mabuhay) — Foreign Secretary Teodoro Locsin Jr. on Friday confusion and fear towards the consaid his department began its preliminary investigation on the Philiptroversial Anti-Terrorism Law, Senator pine ambassador to Brazil who was caught on video assaulting her maid. Juan Miguel "Migz" Zubiri said. "I received Presidential Directive no. 2020-196 directing the DFA to "Sa tingin ko, katulad ng nabanggit investigate the alleged abusive conduct of the Philippine Ambassador mo, nagdagdag ng confusion to the Anto Brazil. We have 15 days to report to the Presidential Management ti-Terror Law. Of course, it also adds Staff. It starts NOW," Locsin said on Twitter. to the witch hunt scare that they are The DFA fact-finding team will be led by Consul General to Sydney saying," Zubiri said. Ezzedin Tago, Chief of Mission I Jaime Ledda, Narciso Castañeda BAC, Lt. Gen. Antonio Parlade, Jr., the and Atty. Ihna Alyssa Marie Santos, FSO IV, HRMO. spokesman of the National Task Force The administrative proceedings against Ambassador Marichu Mauro to End Local Communist Armed Conwas initiated by show cause order, Locsin said. flict or NTF-ELCAC, was under fire last "If there's prima facie case, I issue a Formal Charge prepared by week after tagging the Gabriela WomOTLA," said Locsin, referring to the DFA's Office of Treaties and Legal en's Party as a front of the New People's Affairs. Army. The presidential approval, he said, initiated the formation of the Parlade also called out actress Liza hearing panel which shall submit a report to the Board of Foreign Soberano and even Miss Universe 2018 Service Administration (BFSA). Catriona Gray and "General's DaughThe BFSA will submit its recommendation to him. A final recommenter" actress Angel Locsin about their dation from Locsin will then be submitted to the President. ties to the group, saying they should Locsin earlier said the department's response disengage from Gabriela or else they against Mauro "will be severe to the fullest might find themselves as armed fightextent of the law." ers killed in military encounters. This Incidents of physical abuse perpetratdid not sit well with Defense Secretary ed by the envoy against her household Delfin Lorenzana and even President staff was shown in CCTV footage aired Rodrigo Duterte. by a Brazilian news outfit this week. Zubiri admitted to being a "big Locsin assured the public that the fan" of the three actresses, saying DFA "will be firm in meting out the they are known for their philanappropriate sanctions and adminthropic work and their good repistrative or criminal charges on Amutation in showbiz and entertainbassador Mauro if the results of ment. the DFA's investigation will He then told military officials, demand as such." including Parlade, to reserve their A severe action from comments until they have factual the DFA against a evidence about the celebrities or high ranking dipof any person's ties to armed comlomat, Locsin said, munist rebels. wou ld "en su re "It’s unnecessary getting that matters like these celebrities in the limethese will never light for their advocacies... be tolerated." Let’s concentrate on the (MNS) enemies of the state and on w inning the hearts LOCSIN
and minds of our people," the senator added. The Anti-Terrorism Law has been hotly contested for its supposedly unconstitutional provisions that clamp down on freedom of speech, as well as the people's right to due process when accused of committing a crime. Names of accused terrorists will be published and circulated, while the Anti-Terrorism Council has the power to order the warrantless arrest of suspected terrorists and keep them detained without charges for up to 24 days. There are more than 30 petitions asking the Supreme Court to stop the implementation of the law for these questionable provisions. "We live in a democracy, we believe in freedom of speech, the freedom of the media to be able to air news items. Whatever controversial statement that comes out from people of authority, talagang aatakihin 'yan at puputok 'yan [it will really be criticized and it will be a hot topic] not only on the media but also social media," said the Senate Majority Leader. "My advice is to them is to be more prudent on issues like this." The planned Senate hearing on these incidents would be a good avenue to settle the issue, he added. (MNS)
ZUBIRI
