Caregiver Compared to Personal Attendant – Wages and Gains

Are you a caregiver or a personal attendant who functions in a private house or residence? As a domestic worker possibly as a caregiver or own attendant, are you entitled to least wage? Over-time pay back? Other advantages?

If hired straight by an person or family, your advantages are distinct from a single who is hired by a non-public company or company and governed by common employment guidelines: relevant federal and condition statutes.

A live-in staff as opposed to a dwell-out staff is matter to exclusive perform policies talked about under.

A caregiver or “care custodian” is described by Part 15610.17 of the California Welfare and Institutions Code as:

“… an administrator or an worker of…general public or personal amenities or businesses, or individuals providing care or services for elders or dependent older people, together with members of the support team and servicing personnel.”

A “particular attendant” is not entitled to extra time compensation, except if: (1.) he or she is a dwell-in staff or (2.) he or she does basic family get the job done (cleansing, cooking, feeding, dressing, or supervising) that exceeds 20% of the whole perform time or (3.) he or she does nurse-like obligations (examining pulse, getting temperature, supplying treatment) extra than 20% of the total do the job time.

In these three occasions, the household employee is no lengthier regarded as a “personalized attendant” and is entitled to overtime shell out. Normally, mild house keeping and cooking chores qualify as get the job done exempt from overtime compensation.

Personalized Attendant As Outlined In CA IWC Wage Order 15:

Part 2(J) of the California Industrial Welfare Commission (IWC) Wage Get No. 15-2001 defines “own attendant” as follows:

“‘Personal attendant’ includes little one sitters and usually means any man or woman employed by a private householder or by any 3rd get together employer regarded in the wellness care sector to do the job in a personal domestic, to supervise, feed or costume a baby or particular person who by purpose of state-of-the-art age, actual physical incapacity, or mental deficiency wants supervision. The standing of ‘personal attendant’ shall utilize when no important amount of money of work other than the foregoing is needed.”

In fact, the California Division of Labor Standards Enforcement (DLSE) has traditionally adopted the normal made use of in the federal polices, 29 C.F.R. 552.6 on “companionship services,” to wit:

“…(T)he phrase ‘companionship services’ shall suggest individuals services which provide fellowship, treatment, and security for a human being who, due to the fact of advanced age or bodily or mental infirmity, can’t treatment for his or her own demands. These companies may perhaps include things like family get the job done connected to the treatment of the aged or infirm man or woman these as meal preparing, mattress generating, washing of apparel, and other very similar products and services. They may possibly also include things like the overall performance of common residence perform: Offered, nonetheless, that these do the job is incidental, i.e., does not exceed 20 percent of the overall weekly several hours labored.”

Federal restrictions, 29 C.F.R 552.6, supra, even more clarifies that:

“The term ‘companionship services’ does not consist of companies similar to the treatment and defense of the aged or infirm that call for and are performed by properly trained staff, such as registered or realistic nurse.”

So, the satisfactory responsibilities of a “private attendant” involve routines of day-to-day residing these kinds of as finding in or out of mattress, showering, bathing, applying a bathroom. A “personalized attendant’s” obligations of “supervising” would involve aid in acquiring clinical care, making ready foods, procuring for private merchandise or groceries, applying a telephone, even handling revenue.

As lengthy as any normal housekeeping duties done do not exceed 20% of the weekly working time expended by a “individual attendant,” he or she is exempted from the protections of California Wage Buy No. 15-2001 these kinds of as time beyond regulation payment, etcetera., except for minimum wage. But prior to 2001, a classification as “personalized attendant” also excluded bare minimum wage in California.

This extra time compensation exemption also applies to “particular attendants” as well as other home workers these types of as caregivers, investing 20% or much less of their performing time carrying out common family function, who are utilized by an company and sent to non-public homes to work.

Benefits Of Household Employees:

A. Minimum amount Wage:

The point out minimal wage covers all employees, which includes household employees (dwell-in personnel, caregivers, and “own attendants”) but excluding legit unbiased contractors. The present California bare minimum wage is $8.00 per hour considering that January 1, 2008, a 6.7% improve more than the earlier $7.50 least wage.

There are quite a few aspects that establish whether or not a human being is an independent contractor or not. But the most important issue is manage by the employer of the implies, way and outcome of the career. An independent contractor runs his or her own house products and services business enterprise, has his or her equipment and components, and controls the manner and end result of the position.

Unbiased contractors are not lined by minimum wage and extra time compensation statutes.

B. Extra time Pay back:

Home workers who are not reside-in workforce, as nicely as “private attendants” who do standard household work that exceeds 20% of their weekly performing time, are entitled to overtime payment, consisting of just one and 1 half moments their frequent rate of fork out for working extra than eight (8) several hours in a day, or much more than (40) several hours in a week.

Dwell-in workforce must be compensated 1 and a single half situations the regular amount for all hrs worked around twelve (12) several hours (as an alternative of in excess of 8 (8) hours) in 1 do the job day for 5 (5) workdays. On the sixth and seventh day, dwell-in employees should be compensated double the typical rate for all hours worked in excess of (9) hrs for every working day. See California IWC Wage Purchase No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).

Under federal regulation, 29 U.S.C. 213(a)(15), “any personnel employed on a informal foundation in domestic assistance employment to give babysitting expert services or any worker used in domestic services work to offer companionship products and services for people today who (due to the fact of age or infirmity) are not able to care for them selves” is granted exemptions from minimum amount wage and extra time shell out.

C. Other Gains Of House Staff:

1. Hours And Times Of Work:

A stay-in worker is entitled to at the very least twelve (12) consecutive several hours free of charge of obligation throughout every single workday of 20-four (24) several hours, and the overall span of hours for a day of function should not exceed twelve (12) hours, other than that: (a) the employee ought to have at least three (3) hours free of obligation for the duration of the 12 several hours span of perform and (b) the staff demanded or permitted to do the job for the duration of scheduled off-obligation several hours or through the 12 consecutive off-responsibility hrs will have to be paid just one and a single-half instances the normal charge of fork out for all this kind of several hours worked. See California IWC Wage Order No. 15-2001 3(A).

Additionally, no stay-in worker shall be required to operate far more than five (5) days in any a single workweek without a day off of not significantly less than 24 consecutive several hours except in an unexpected emergency. See California IWC Wage Get No. 15-2001 3(B).

2. Relaxation And Food Periods:

Domestic personnel are entitled to a 10-minute paid relaxation split for just about every 4 (4) several hours of do the job beneath California IWC Wage Order No. 15-2001 12(A), and a thirty-minute meal period of each individual five (5) hours labored, just like others varieties of workforce, underneath California IWC Wage Order No. 15-2001 11(A).

Otherwise, the employer shall shell out the employee a person (1) hour of pay out at regular charge for each and every workday that the rest interval, or the food interval is not presented. See California IWC Wage Buy No. 15-2001 12(B), 11(D). But “own attendants” are not granted rest and food periods.

3. Food And Housing Deductions From Wages:

The employer may well subtract meal and housing credits from the employee’s paycheck if: (a) the personnel essentially uses the foods and is provided with housing (b) foods and housing are made use of as wage to comply with the minimal wage and (c) the employee executes a voluntary, penned arrangement, crediting meals and housing in direction of least wage.

Food credit rating may possibly be deducted as follows: breakfast – $2.45 lunch – $3.35, and dinner – $4.50. Housing may also be credited at $31.75 for each 7 days for a area ($26.20 if shared). See California IWC Wage Buy No. 15 – 2001 10(C).

In summary, irrespective of whether you are a caregiver or a “individual attendant” entitled to specific wages and added benefits in California or in other states depends on no matter if the normal domestic do the job you do exceeds 20% of your total function time.

(The Author, Roman P. Mosqueda, techniques wage and hour law in California.

This article is not authorized suggestions, and no lawyer-shopper marriage is shaped with the reader. For certain labor legislation troubles, consult with a knowledgeable attorney.)