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Saturday-Friday | May 29 - June 4, 2021
CAREGIVERS: Are you ready to claim your overtime in 2021? Ov er the past few years, the attorneys at Chaleff Rehwald Peterson have had the honor of informing hundreds of caregivers about the specific overtime laws that protect caregivers from being overworked and underpaid. Many of these caregivers decided to call us after reading articles on Weekend Balita or finding us on Facebook. https://www.facebook. com/caregiverovertime/. These are some of our favorite calls to receive. And, as a result of these calls, we have been able to help hundreds of caregivers recover millions in unpaid overtime. We would have been able to help many more caregivers. But the truth is that some caregivers who have suffered wage theft, and been exploited by their employers, do not want to pursue their claims. We have recognized several common fears that prevent caregivers from taking action. If you have been thinking about making an overtime claim, or calling to get more information, please do not hesitate to call us. We want to hear from you. Here are some of the most common concerns we hear from caregivers and the reasons why these concerns should not prevent you from seeking the overtime compensation you deserve. 1. “I Feel Obligated To My Patient.” By nature, caregivers are typically caring people. Many private employers take advantage of a caregiver’s compassionate nature and do not pay a fair wage. Many caregivers feel a sense of loyalty or obligation towards their employers that make them reluctant to pursue valid claims. While these are noble sentiments, it does not change the fact that caregivers who are paid less than the legally required wages are victims of wage theft. In fact, many people who hire in-home caregivers are financially able to pay for caregiving services as required by law, but simply choose 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. The truth is that the family members are obligated
right to seek the overtime wages due. It is the employer’s obligation to properly classify the employee and withhold state and federal income taxes. If this has not happened, the employer has also violated the law.
to ensure their loved ones are adequately cared for. It is not a caregiver’s obligation to provide care in exchange for a wage that is less than what the law requires. 2. “I Am Afraid Of The Court System And Having A Lawsuit.” Many private employers refuse to pay caregivers overtime because they believe caregivers are unsophisticated and will not be able to file a legal claim. The legal process can be intimidating and confusing. But that is why the lawyers at Chaleff Rehwald Peterson are here to help. We know the law and stand ready to help. 3. “I Signed A Document Stating I Am An Independent Contractor.” It is unlikely that an in-home caregiver is an independent contractor even if there is a signed a document that purports to identity them as a contractor. Still, it is common for private employers to try to convince caregivers they are independent contractors 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 and other employee benefits. 4. “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 a caregiver has not paid taxes on wages, the caregiver still has the legal
taxes owed.
5. “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 succeed in your unpaid overtime claim, Chaleff Rehwald Peterson can help you get an ITIN that can be used to pay the
6. “I Am Concerned About Immigration Status.” California law permits undocumented workers to recover unpaid overtime wages. 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 unpaid overtime far outweighs the risk. Also, we have a relationship with an immigration attorney that can review and possibly assist with your specific immigration situation. 7. “I Do Not Want A Long Court Battle, and 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 help caregivers who return to their home countries while the case is ongoing and keep in contact with us via the phone and internet. 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 caregiver and you are not paid overtime when working more than 9 hours a day, or 45 hours a week, you should consult with CHALEFF REHWALD PETERSON to discuss your rights. We are here to help. With the penalties, interest, and attorney’s fees allowed, claims can exceed $200,000 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 Peterson. Our office is located at 5855 Topanga Canyon Blvd., Suite 400, Woodland Hills, California. We accept cases throughout all of Northern and Southern California. 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. Please visit us at www.caregiverovertime.com/ to learn more about caregiver overtime law. We offer a 24-hour chat line on our website.
Duterte institutionalizes system to harmonize humanitarian aid
MANILA (Mabuhay) — President Rodrigo Duterte has signed an executive order (EO) which mandates immediate and harmonized humanitarian assistance and operations during disasters and emergencies to ensure “faster and more reliable delivery of social protection programs and services of the government.” Under EO 137 inked on May 24, Duterte stressed that the government’s duty is to give an “effective, integrated, and fiscally responsible aid and humanitarian support to the Filipino people in times of emergency and during disaster as a critical component of recovery and rebuilding efforts.” “The Philippines is highly vulnerable to the effects of climate change, including sea level rise, increased frequency of extreme weather events, rising temperatures and heavy rainfalls, which account for significant losses, both tangible and intangible,” the order read. The EO said the “Aid and Humanitarian Operations Nationwide” (AHON) Convergence Program is institutionalized as a platform for an enhanced and unified delivery of
social amelioration services. AHON’s component programs, according to EO 137, include food and non-food relief items; livelihood assistance and interventions; educational assistance; burial assistance; transportation assistance; employment assistance; medical and health assistance; direct financial assistance; and infrastructures for preparedness and rehabilitation phase. “The concerned implementing agency shall be responsible for the full implementation of its programs, and shall promulgate rules on the qualifications of beneficiaries which shall not be unduly burdensome and shall be kept at the barest minimum to ensure accessibility and wider coverage,” order said. The EO also creates the AHON Committee chaired by the Office of the Special Assistant to the President and vice chaired by the Department of Social Welfare and Development. Members of the committee include the Department of Trade and Industry, the Department of Agriculture, the Department of Health, the Department of Information and
Communications Technology (DICT), the Department of Labor and Employment, and the Philippine Charity Sweepstakes Office. The member-agencies are directed to designate their permanent representatives to t he com m it tee wh ich shall have the rank not lower than an Undersecretary or its equivalent. The committee is mandated to ensure the efficient and coordinated provision of immediate, adequate, and appropriate humanitarian aid; harmonize the types of suitable assistance; call for necessary government support; and craft guidelines for the implementation of EO 137. AHON committee, through DICT and in coordination with the National Economic and Development Authority, should establish and maintain a unified Convergence Information System (CIS) containing a database of verified individuals, families, communities, cities, municipalities, and provinces identified as beneficiaries of the program. “The CIS shall be kept upto-date by the agency members of the Committee and shall be available to all na-
tional government agencies and the public,” according to the order. The funding requirement for the implementation of the EO will be charged against existing appropriations of implementing agencies and from other sources to be identified by the Budget department, subject to the availability of funds, and budgeting, and accounting and auditing laws and regulations. Fu nd i ng requ i rement s for succeeding years will be included in the respective budget proposals of the AHON committee member-agencies.
T he com m it tee is a lso tasked to submit an annual report on the implementation of EO to the President, through the Office of the Executive Secretary. The military and the police are directed to assist the committee in the delivery of humanitarian support. All state departments, bureaus, and offices, as well as local government units, are encouraged to support and cooperate with the committee. EO 137, which was made public on Tuesday, takes effect immediately. (MNS)
President Rodrigo Duterte
