Caregiver Versus Personal Attendant – Wages and Benefits

Are you a caregiver or a private attendant who works in a personal family or residence? As a household worker both as a caregiver or own attendant, are you entitled to least wage? Around-time fork out? Other benefits?

If employed specifically by an unique or loved ones, your benefits are different from a person who is hired by a non-public company or company and ruled by typical employment guidelines: applicable federal and point out statutes.

A live-in staff as opposed to a stay-out employee is matter to specific perform rules mentioned underneath.

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

“… an administrator or an employee of…community or private services or organizations, or persons providing care or products and services for elders or dependent grownups, which includes associates of the assist staff and servicing personnel.”

A “own attendant” is not entitled to extra time payment, unless: (1.) he or she is a live-in worker or (2.) he or she does general home work (cleansing, cooking, feeding, dressing, or supervising) that exceeds 20% of the overall get the job done time or (3.) he or she does nurse-like responsibilities (examining pulse, taking temperature, providing medicine) extra than 20% of the complete do the job time.

In these 3 circumstances, the family worker is no for a longer period thought of a “personal attendant” and is entitled to overtime shell out. Otherwise, mild house keeping and cooking chores qualify as perform exempt from additional time payment.

Particular Attendant As Outlined In CA IWC Wage Get 15:

Portion 2(J) of the California Industrial Welfare Fee (IWC) Wage Buy No. 15-2001 defines “private attendant” as follows:

“‘Personal attendant’ includes baby sitters and implies any human being utilized by a private householder or by any 3rd occasion employer regarded in the health and fitness care market to work in a personal family, to supervise, feed or gown a boy or girl or human being who by rationale of innovative age, actual physical disability, or psychological deficiency desires supervision. The status of ‘personal attendant’ shall utilize when no major amount of do the job other than the foregoing is required.”

In truth, the California Division of Labor Standards Enforcement (DLSE) has historically adopted the common made use of in the federal restrictions, 29 C.F.R. 552.6 on “companionship providers,” to wit:

“…(T)he term ‘companionship services’ shall signify those people solutions which provide fellowship, treatment, and safety for a human being who, for the reason that of sophisticated age or bodily or psychological infirmity, cannot care for his or her have needs. These types of services might include things like home operate related to the treatment of the aged or infirm person these types of as food planning, bed building, washing of outfits, and other equivalent solutions. They may possibly also incorporate the general performance of basic home do the job: Presented, nonetheless, that this kind of function is incidental, i.e., does not exceed 20 per cent of the total weekly hours labored.”

Federal polices, 29 C.F.R 552.6, supra, further more clarifies that:

“The expression ‘companionship services’ does not consist of solutions relevant to the treatment and safety of the aged or infirm that have to have and are done by qualified staff, these types of as registered or useful nurse.”

Consequently, the appropriate obligations of a “own attendant” contain things to do of day-to-day living this kind of as receiving in or out of bed, showering, bathing, employing a rest room. A “particular attendant’s” obligations of “supervising” would incorporate support in obtaining health care treatment, planning foods, shopping for personalized items or groceries, working with a phone, even handling income.

As extended as any typical housekeeping duties executed do not exceed 20% of the weekly operating time used by a “private attendant,” he or she is exempted from the protections of California Wage Order No. 15-2001 these as overtime compensation, and many others., except for minimum wage. But prior to 2001, a classification as “individual attendant” also excluded minimum amount wage in California.

This time beyond regulation payment exemption also applies to “own attendants” as perfectly as other residence personnel these as caregivers, paying 20% or a lot less of their operating time executing normal domestic perform, who are utilized by an company and despatched to non-public homes to work.

Advantages Of Family Employees:

A. Minimum amount Wage:

The point out minimum wage handles all workforce, which include domestic staff (dwell-in staff members, caregivers, and “personal attendants”) but excluding legit independent contractors. The latest California minimal wage is $8.00 for each hour considering the fact that January 1, 2008, a 6.7% enhance above the prior $7.50 minimal wage.

There are several variables that ascertain no matter if a particular person is an impartial contractor or not. But the key aspect is regulate by the employer of the suggests, way and end result of the career. An unbiased contractor runs his or her very own house companies company, has his or her equipment and resources, and controls the fashion and result of the task.

Independent contractors are not coated by minimum amount wage and overtime compensation statutes.

B. Time beyond regulation Shell out:

Home workers who are not live-in workers, as effectively as “own attendants” who do general household work that exceeds 20% of their weekly operating time, are entitled to time beyond regulation payment, consisting of one and a person fifty percent instances their frequent charge of pay out for functioning extra than eight (8) hours in a day, or a lot more than (40) several hours in a week.

Live-in workers should be compensated a single and one particular 50 % times the common rate for all hrs worked over twelve (12) hours (instead of about eight (8) hours) in a single get the job done day for five (5) workdays. On the sixth and seventh day, live-in employees ought to be compensated double the frequent level for all several hours worked over (9) several hours for every working day. See California IWC Wage Get No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).

Underneath federal legislation, 29 U.S.C. 213(a)(15), “any personnel utilized on a relaxed foundation in domestic services employment to provide babysitting solutions or any employee utilized in domestic company employment to present companionship expert services for people today who (simply because of age or infirmity) are not able to care for on their own” is granted exemptions from minimum amount wage and time beyond regulation pay.

C. Other Advantages Of Domestic Staff:

1. Several hours And Times Of Perform:

A dwell-in staff is entitled to at minimum twelve (12) consecutive hours totally free of responsibility during each workday of 20-four (24) several hours, and the total span of hrs for a working day of work need to not exceed twelve (12) several hours, except that: (a) the personnel will have to have at least 3 (3) several hours totally free of duty for the duration of the 12 hrs span of perform and (b) the staff necessary or permitted to function for the duration of scheduled off-duty hrs or all through the 12 consecutive off-obligation hours will have to be compensated a person and one-50 percent periods the typical charge of pay back for all these types of several hours worked. See California IWC Wage Buy No. 15-2001 3(A).

In addition, no stay-in personnel shall be essential to perform more than five (5) times in any one particular workweek without the need of a day off of not a lot less than 24 consecutive several hours except in an emergency. See California IWC Wage Get No. 15-2001 3(B).

2. Rest And Meal Periods:

Home workers are entitled to a 10-minute paid relaxation crack for each four (4) hrs of do the job under California IWC Wage Buy No. 15-2001 12(A), and a 30-moment food period of time of just about every five (5) hours worked, just like other people types of staff, below California IWC Wage Buy No. 15-2001 11(A).

If not, the employer shall fork out the staff a single (1) hour of fork out at standard fee for every single workday that the relaxation interval, or the food interval is not delivered. See California IWC Wage Buy No. 15-2001 12(B), 11(D). But “own attendants” are not granted rest and food intervals.

3. Meal And Housing Deductions From Wages:

The employer may well subtract meal and housing credits from the employee’s paycheck if: (a) the staff essentially makes use of the foods and is supplied with housing (b) meals and housing are used as salary to comply with the least wage and (c) the staff executes a voluntary, composed arrangement, crediting foods and housing towards minimal wage.

Meal credit may well be deducted as follows: breakfast – $2.45 lunch – $3.35, and supper – $4.50. Housing might also be credited at $31.75 for each week for a place ($26.20 if shared). See California IWC Wage Buy No. 15 – 2001 10(C).

In summary, whether or not you are a caregiver or a “personalized attendant” entitled to certain wages and benefits in California or in other states is dependent on whether the general residence get the job done you do exceeds 20% of your full perform time.

(The Author, Roman P. Mosqueda, methods wage and hour legislation in California.

This report is not legal information, and no attorney-shopper romance is formed with the reader. For particular labor legislation issues, seek the advice of a skilled legal professional.)

Annisa Rizka

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