Law confusion

Saturday-Friday | October 31 - November 6, 2020 Saturday-Friday | October 31 - November 6, 2020 Weekend BALITA GLOBAL NEWS Visit www.Balita.com Weekend BALITAVisit www.Balita.com CAREGIVER LAW OVERVIEW FOR 2020 CAREGIVER LAW OVERVIEW FOR 2020

WORKING WORKING as a caregiver in a as a caregiver in a private home, an assisted living private home, an assisted living facility or nursing home is hard facility or nursing home is hard work. If this is your job, you work. If this is your job, you probably work long hours and probably work long hours and return home physically and return home physically and emotionally drained. You may emotionally drained. You may provide 24-hour, live-in help to provide 24-hour, live-in help to the elderly or incapacitated. the elderly or incapacitated.

Many residential private Many residential private households, residential care households, residential care facilities and nursing homes ignore facilities and nursing homes ignore overtime laws. These violations can overtime laws. These violations can deprive caregivers of significant deprive caregivers of significant wages totaling thousands and even wages totaling thousands and even hundreds of thousands of dollars. If you are a hundreds of thousands of dollars. If you are a caregiver employed by someone who refuses to caregiver employed by someone who refuses to follow wage and hour laws, you may be entitled follow wage and hour laws, you may be entitled to significant compensation. to significant compensation.

Reading up on your rights is the first step toward Reading up on your rights is the first step toward claiming what you are due. Discussing the matter claiming what you are due. Discussing the matter with an experienced attorney at Chaleff Rehwald with an experienced attorney at Chaleff Rehwald Peterson is the next and most important step. Peterson is the next and most important step.

When employers refuse to pay caregivers the When employers refuse to pay caregivers the legally required minimum or overtime wages, it is legally required minimum or overtime wages, it is a form of wage theft. The employers are essentially a form of wage theft. The employers are essentially stealing wages from workers who care for the stealing wages from workers who care for the elderly. elderly.

Thankfully, California law sets minimum Thankfully, California law sets minimum requirements for a caregiver’s wages and working requirements for a caregiver’s wages and working conditions. These laws include a minimum wage conditions. These laws include a minimum wage and overtime in most circumstances. An employer and overtime in most circumstances. An employer has no right to pay an employee less than the has no right to pay an employee less than the legally required minimum or overtime wages and legally required minimum or overtime wages and anyone who does engage in wage theft. anyone who does engage in wage theft.

Wage theft takes many forms and may include Wage theft takes many forms and may include failing to pay for sleep or “on call” time, paying a failing to pay for sleep or “on call” time, paying a weekly or daily salary that is too low or classifying weekly or daily salary that is too low or classifying an in-home caregiver as an “independent an in-home caregiver as an “independent contractor” to circumvent California’s wage and contractor” to circumvent California’s wage and hour laws. hour laws.

California provides greater protection to California provides greater protection to caregivers than exists in most other states. For caregivers than exists in most other states. For instance, the minimum wage in California will instance, the minimum wage in California will increase incrementally to $15 by 2022. Cities can increase incrementally to $15 by 2022. Cities can enact higher minimum wages. Caregivers who are enact higher minimum wages. Caregivers who are victims of wage theft can claim the compensation victims of wage theft can claim the compensation that is legally due. that is legally due.

On January 1, 2014, California enacted the On January 1, 2014, California enacted the Domestic Worker Bill of Rights (DWBR). The Domestic Worker Bill of Rights (DWBR). The DWBR mandates overtime payments for personal DWBR mandates overtime payments for personal attendants. This law provides that an employer attendants. This law provides that an employer cannot hire personal attendants to work more cannot hire personal attendants to work more than nine hours in a day or 45 hours in a workweek than nine hours in a day or 45 hours in a workweek without paying overtime. without paying overtime.

Overtime under the DWBR is set at one and Overtime under the DWBR is set at one and one-half times the employee’s regular rate of pay. one-half times the employee’s regular rate of pay. That means that if you are an in-home caregiver, That means that if you are an in-home caregiver, you are entitled to 150% of your hourly wage for you are entitled to 150% of your hourly wage for every hour you work over nine hours in any given every hour you work over nine hours in any given day, and all hours you work beyond day, and all hours you work beyond 45 hours in a week. 45 hours in a week. Now that the California Now that the California legislature has created the right to legislature has created the right to overtime for personal attendants, overtime for personal attendants, an in-home caregiver who is not an in-home caregiver who is not paid the required overtime wages paid the required overtime wages can claim their unpaid wages. can claim their unpaid wages. You can recover not just the You can recover not just the overtime you are due, but also overtime you are due, but also attorney’s fees and costs incurred attorney’s fees and costs incurred in the lawsuit. It is also possible to in the lawsuit. It is also possible to recover interest and penalties if recover interest and penalties if you are not properly paid overtime you are not properly paid overtime compensation. compensation.

Caregiver overtime law is highly complex. Caregiver overtime law is highly complex. In fact, an entirely different set of laws apply In fact, an entirely different set of laws apply to a caregivers who work in residential care to a caregivers who work in residential care facilities and nursing homes for the elderly. facilities and nursing homes for the elderly. These caregivers have always been entitled to These caregivers have always been entitled to overtime under California law. These caregivers overtime under California law. These caregivers must be paid overtime for all hours they work in must be paid overtime for all hours they work in excess of 8 hours in a day or 40 hours in a week. excess of 8 hours in a day or 40 hours in a week. In addition, they are generally entitled to double In addition, they are generally entitled to double time payments for all hours worked in excess of time payments for all hours worked in excess of 12 in any single day and may be entitled to meal 12 in any single day and may be entitled to meal and rest breaks. The rules for sleep time, on-call and rest breaks. The rules for sleep time, on-call time and live-ins are also different. time and live-ins are also different.

If you are a caregiver and believe your employer If you are a caregiver and believe your employer has not paid you fairly under the law, you may has not paid you fairly under the law, you may have a strong case for compensation. Since the have a strong case for compensation. Since the laws in this area are complex, you should contact laws in this area are complex, you should contact an experienced attorney who has a documented an experienced attorney who has a documented and demonstrated expertise in representing and demonstrated expertise in representing caregivers. The attorneys at Chaleff Rehwald caregivers. The attorneys at Chaleff Rehwald Peterson have the experience you need. We are Peterson have the experience you need. We are here to help! here to help!

This article is an attorney advertisement written by Daniel Chaleff, employment law attorney at Chaleff Rehwald Peterson in Woodland Hills. 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 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 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. caregiver overtime law. We offer a 24-hour chat line on our website.

DFA probe on PHL envoy to Brazil caught assaulting maid starts, report in 15 days — Locsin

MANILA (Mabuhay) — Foreign Secretary Teodoro Locsin Jr. on Friday said his department began its preliminary investigation on the Philippine ambassador to Brazil who was caught on video assaulting her maid. "I received Presidential Directive no. 2020-196 directing the DFA to investigate the alleged abusive conduct of the Philippine Ambassador to Brazil. We have 15 days to report to the Presidential Management Staff. It starts NOW," Locsin said on Twitter.

The DFA fact-finding team will be led by Consul General to Sydney Ezzedin Tago, Chief of Mission I Jaime Ledda, Narciso Castañeda BAC, and Atty. Ihna Alyssa Marie Santos, FSO IV, HRMO.

The administrative proceedings against Ambassador Marichu Mauro was initiated by show cause order, Locsin said. "If there's prima facie case, I issue a Formal Charge prepared by OTLA," said Locsin, referring to the DFA's Office of Treaties and Legal Affairs.

The presidential approval, he said, initiated the formation of the hearing panel which shall submit a report to the Board of Foreign Service Administration (BFSA).

The BFSA will submit its recommendation to him. A final recommendation from Locsin will then be submitted to the President.

Locsin earlier said the department's response against Mauro "will be severe to the fullest extent of the law."

Incidents of physical abuse perpetrated by the envoy against her household staff was shown in CCTV footage aired by a Brazilian news outfit this week.

Locsin assured the public that the DFA "will be firm in meting out the appropriate sanctions and administrative or criminal charges on Ambassador Mauro if the results of the DFA's investigation will demand as such."

A severe action from the DFA against a high ranking diplomat, Locsin said, would "ensure that matters like these will never be tolerated." (MNS)

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 confusion and fear towards the controversial Anti-Terrorism Law, Senator Juan Miguel "Migz" Zubiri said. "Sa tingin ko, katulad ng nabanggit mo, nagdagdag ng confusion to the Anti-Terror Law. Of course, it also adds to the witch hunt scare that they are saying," Zubiri said.

Lt. Gen. Antonio Parlade, Jr., the spokesman of the National Task Force to End Local Communist Armed Conflict or NTF-ELCAC, was under fire last week after tagging the Gabriela Women's Party as a front of the New People's Army.

Parlade also called out actress Liza Soberano and even Miss Universe 2018 Catriona Gray and "General's Daughter" actress Angel Locsin about their ties to the group, saying they should disengage from Gabriela or else they might find themselves as armed fighters killed in military encounters. This did not sit well with Defense Secretary

Delfin Lorenzana and even President

Rodrigo Duterte.

Zubiri admitted to being a "big fan" of the three actresses, saying they are known for their philanthropic work and their good reputation in showbiz and entertainment. He then told military officials, including Parlade, to reserve their comments until they have factual evidence about the celebrities or of any person's ties to armed communist rebels. "It’s unnecessary getting these celebrities in the limelight for their advocacies... Let’s concentrate on the enemies of the state and enemies of the state and on winning the hearts on winning the hearts 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)