Are you a nurse or a staff member working in private households or at home? Is she entitled to a minimum wage as housekeeper or as carer or personal carer? Overtime payment? Other benefits?

If he is directly leased by an individual or a family, his benefits differ from a person leased by a private company or agency subject to the general employment law: the applicable federal and state law

is the employee, as opposed to a live employee , falls within the scope of the specific rules of employment which are discussed below.

A caretaker or "guardian caretaker" in accordance with the California Welfare and Institution Code 15610.17.

The "personal care worker" means overtime compensation, unless: (a) "Person" means a person who is not a member of the staff of a Member State or of a member of a staff member or of his or her staff, (1) living worker, or (2) carrying out general household work (cleaning, cooking, feeding, dressing or surveillance) exceeding 20% ​​of full-time working hours, or (3) performing nursing duties (pulse monitoring, (1969)] In these three cases, a household worker can no longer be regarded as a "personal caretaker" and is entitled to overtime. Otherwise, light households and cooking works are considered as uncompleted working time compensation

CA IWC could determine payroll Personalized Employee 15:

Section 2 of the California Welfare Committee (J) (IWC) 15-2001.

A "caretaker" includes children's homes and private individuals working in private households or the healthcare sector in a private household, supervising, wrapping or dressing up a child or a person who is in a private household, who requires supervision due to age, physical disability or mental illness. The "personal care" status applies if the above is not required. "

In fact, the California Labor Standards Authority (DLSE) has historically adopted 29 CFR 552.6 for federal regulation on" corporate services "as follows:

" … (T) "services" means providing a scholarship, care and protection to a person who does not deal with mental illness with their own needs.These services include housekeeping or housekeeping jobs such as preparing meals, bedding, washing clothes and other similar services . However, the performance of general household work provided that this work is ancillary, ie it does not exceed 20 percent of total weekly working hours. "

Federal Law No. 29 CFR 552.6 also clarifies that:

" A "corporate services" does not include services for the care and protection of the elderly or infirm who are trained by trained personnel such as registered or trained nurses requires and performs. "

Thus, in the" personal account ", you are engaged in activities such as bed-bed or bed-access, showering, bathing, toilet, etc. It is one of the tasks of" supervising "the" personal care "

While general household tasks do not exceed 20% of the weekly working time spent by the "personal companion" is exempted from the sale of the product or service, California wage bill of 15-2001 s (eg Overdraft, etc.), except for the minimum wage. Prior to 2001, however, the "personal clerk" rating excluded the minimum wage in California.

This overtime compensatory allowance applies to "personal attendants" and to other household workers, such as carers, who spend at least 20% of their time. general working time working for an agency and for private households.

Benefits of household workers :. Minimum wage:

State minimum wage covers all employees, including household workers (live workers, carers and "escorts"), except legitimate independent contractors. The current minimum wage in California has been $ 8.00 per hour since January 1, 2008, a 6.7% increase over the previous $ 7.50 minimum wage.

Many factors determine whether a person is self-employed or not. But the primary factor is to check the employer's means, methods and results. An independent contractor carries out his / her own household service activities, assets and materials and controls the manner and outcome of work

Independent entrepreneurs are not covered by the Minimum Wage and Overtime Compensation Regulations

B. Overtime pay:

Workers in the household who are non-resident workers and "housekeepers" who carry out general household work that exceeds 20% of the weekly working time are entitled to overtime (8) hours or within one week work for more than 40 hours.

Living workers must pay their normal pay per person 1.5 times less than 12 (12) hours instead of eight (8) hours for one business day for five (5) business days. On the sixth and seventh day, live staff will have to pay a normal fee twice a day (9) a day. See California IWC payroll account number 15-2001 3 (A) – (B) (8 digit code 11150 (3) (A) – (B)).

According to federal law 29 U.S.C. 213 (a) (15) provides that 'any staff member who occasionally works in a domestic service to provide a childcare service or any employee employed in a domestic service shall provide a social service to individuals who are themselves (due to their age or disability) "exemption from the minimum wage and the overtime charge

C. Other benefits of household workers:

1. Hours and Business Days:

Live employees release at least twelve (12) consecutive hours each 24 business day, and daily full-time work for one day may not exceed twelve (12) hours, except: ) the employee must spend at least twelve (3) hours of leave during the 12-hour working time; and (b) a worker who is obliged to work or work under 12 hours of service outside the regular service or work permit is equal to one and a half times the salary paid in all such hours. See California IWC payroll account number 15-2001 3 (A).

In addition, a live employee does not need more than five (5) days to work on a business day, but not less than 24 days in consecutive hours, except for an emergency. See California IWC payroll account number 15-2001 3 (B).

2nd

Domestic staff are entitled to a 10-minute paid rest period for the Calculation of IWC 15-2001 12 (A) payroll procedures and the one-half (5) business day of thirty minutes of meals, similar to other employees, California IWC Breed number 15-2001 11 (A).

Otherwise, the employer pays for one (1) regular business day to ensure that no rest or meals are provided. See California IWC payroll account number 15-2001 12 (B), 11 (D). However, "personal attendants" do not receive rest and meals

. Deduction of meals and dwellings from wages:

The employer may deduct food and housing loans from the insolvency of the worker if: (a) the worker actually uses the meal and the apartment; (b) Meals and dwellings are used for payment in order to comply with the minimum wage; and (c) the employee makes a voluntary, written agreement for meals and housing to the minimum wage.

Catering credit can be deducted as follows: breakfast – USD 2.45; lunch – $ 3.35, dinner – $ 4.50. The apartment can be credited for $ 31.75 a week ($ 26.20 if shared). See California IWC payroll account number 15 – 2001 10 (C).

In summary, you or a nurse or a "personal caretaker" are eligible for certain wages and benefits in California or other states depending on whether the general household's work exceeds 20% of full-time work.

This article is not legal advice and a lawyer-client relationship does not arise for the reader, and if you have specific labor law issues, contact your lawyer. )

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