ï” ¿ Personal Attendants Vs Companions- Interpretations and also Exemptions
The golden state’s Industrial Welfare Compensation Wage Order 15 9Effective April 1, 1986) specifies “individual attendant” to include sitters and any person utilized straight by a personal householder or indirectly with a third-party employer to manage, feed, or gown a child or individual who because innovative age, physical disability, or psychological shortage needs supervision.
It provides an exemption to over-time pay, dish duration, pause, and also record-keeping demands for people that certify as individual attendant, except base pay.
Various Other Job Not Exceed 20% of Job time:
However to keep the exception, an amount of “other job”, implying not greater than 20 percent of the worker’s job time. Housekeeping duties are considered “other work” counted against the 20 percent limitation.
As a whole house work goes beyond 20 percent of the complete weekly hours functioned, the exemptions is lost.
Thus, in Cardenas v. Objective Industries, 226 Cal.App.
However individual attendants subject to Wage Order 5 (Public home cleaning industry) as well as not Wage Order 15 (household occupations) may work additional hours in an emergency situation yet should be paid time as well as one-half for excess hours.
Live-In Workers Pay:
Area 3 (A) AND (B) of Wage Order 15 entitles live-in workers to time as well as one-half for the first nine (9) hrs serviced a sixth or seventh day dual time for hours over of nine on such days.
But live-in residential workers have full overtime exemption under Area 13( b)(21) of the Federal Fair Labor Criteria Act, as well as partial overtime exception in Wage Order 15.
And also household residential workers who obtain board and boding might be paid when a month on day assigned in advance by the employer, per California Labor Code Area 205.
Who Are Not Personal Attendants:
The Golden State Department of Labor Standards Enforcement (D.L.S.E.) has mentioned that accredited trade registered nurses (LVN) and also employees who consistently offer medication or take temperatures pulses, or respiratory prices do not normally qualify as individual assistants.
Yet isolated support with drug has been taken consisted of in “supervision” job by a personal assistant.
Furthermore, the exception does not use if service are done by trained workers such as a registered or practical nurse, however a certified nursing aide (CNA) is not considered a trained personal, per Ninth Circuit in McCune v. Oregon Senior Citizen Services Division, 894 F. 2d 1107, 1111 (9th Cir. 1990).
Last but not least, the exemption does not apply to services not done in a private house, nor appropriate to the treatment of small youngsters who are not psychologically or physically infirm.
Sleeping Time Settlement:
A live-in staff member is not considered to be working when he or she is without all tasks and also may leave the properties for his individual objectives, including durations when he or she eats, rests, captivate. These are not house worked.
So, employers and workers are urged to agree on sensible arrangement under Wage Order 5 (public housekeeping industry), yet not under Wage Order 15.
But The golden state’s Wage and Hours Division Considers all bedtime as hours worked, if an employee is called for to be working for much less than 24 consecutive hours.
If a worker is required to be at work for 24 hrs or more successive hrs, the worker and companies may agree to omit from hours functioned a sleeping period of not more than eight hours, in addition to exclude dish duration from hrs worked
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