Here are some excellent updates to household employment law sent to us from LivHOME in Santa Barbara, CA. It is essential for your career and for the protection of employers and employees that you understand all the applicable rules governing in-home employment. Enjoy.
In an effort to keep you abreast of the recent legal changes in the home care arena and to support your role as a trusted advisor to your clients, LivHOME has summarized some of the changes below. These issues may impact your client’s risk, financial exposure and decision-making when they are considering care at home and future planning. Risks to companies and families who are non-compliant to these new laws include potential fines, penalties, and retroactive pay with interest, increased liability and lawsuit potential, and Home Care Organizations subject to lose their license (reference web links below for details).
The following is a list of the major changes regarding home care and domestic employment:
- AB241 The Domestic Workers Bill – This CA law became effective 01/01/2014 and initiated new overtime rules for caregivers, amending a previous wage order which had exempted in-home caregivers from overtime and break times. AB241 requires caregivers be paid overtime after 9 hours per day and after 45 hours per week. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB241
- The U.S. Supreme Court affirmed the Home Care Final Rule and ruled 10/13/15 the Companionship Exemption for weekly overtime ends nationally, and all employers in the U.S. must pay overtime after 40 hours weekly. This rule includes no mention of daily OT and thus CA daily OT after 9 hours continues. http://www.dol.gov/whd/homecare/litigation.htm
- Mendiola v. CPS Security Solutions, Inc. – This is a CA Supreme Court ruling in January 2015 that drastically impacted the home care industry’s Live-in option. The CA Supreme Court ruled that employees must be compensated for the time they are sleeping while at work. This has caused Live-in costs to skyrocket, and in most cases, become obsolete. http://scholar.google.com/scholar_case?case=13087198080952872372&hl=en&as_sdt=6&as_vis=1&oi=scholarr
- AB1217 Home Care Services Consumer Protection Act – This CA home care licensure and caregiver registration law became effective January 1, 2016. This requires all Home Care Organizations (HCOs) to become licensed with the state. This also requires all agency caregivers to be registered with CDSS, the CA Dept. of Social Services, after they clear a fingerprint background check and receive specialized initial and ongoing training. Organizations that do not comply with the new law will be penalized by the state. This law does not apply to caregivers employed directly by seniors and their families. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1217
- California's new Paid Sick Leave law, AB 1522, was operative January 1, 2015, and effective July 13, 2015 as amended in AB 304 – In general terms, the law requires all employers, regardless of size, to provide and to allow employees to use at least 24 hours or three days of paid sick leave per year. At this time in 2016, there is discussion in the CA legislature to increase this to six paid days of sick leave annually. http://www.dir.ca.gov/dlse/paid_sick_leave.htm http://www.nolo.com/legal-encyclopedia/california-passes-paid-sick-leave-law.html
- CA SB-1344 was introduced to the CA Senate on 2/13/16 as an amendment to Section 1454 of the CA Labor Code relating to the employment of domestic workers. This isan attempt to restore the Sleep Exemption for caregivers in the home. If passed, it would allow 8 hours to be excluded from paid hours worked for caregivers working a 24 shift who are able to sleep for 8 hours uninterrupted. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1344 https://www.billtrack50.com/BillDetail/717581
As you can see, the home care industry has changed markedly in the past several years and there is no end in sight. The minimum wage laws alone are very complex as federal, state and community laws are changing so frequently. LivHOME continues to be your leader in this field. Our model of Care Management-led care is vital in helping families and professionals navigate these changes and providing a plan of care which encompasses the changing landscapes and cost increases. Although LivHOME does not attempt to interpret the laws, we rely on attorneys in this field to educate and explain these very complex laws and their inherent risks to us. We can guide you and your clients toward safe decision making. Our role is to stand by the clients we are privileged to serve.
Live well. Live long. LivHOME.
220 E. Figueroa Street
Santa Barbara, CA 93101
Tel: 805-687-8766 ext:1226 | Fax: 805-563-1507
e: Jsolomon@livhome.com | w: http://www.livhome.com/santabarbara
Santa Barbara HCO #424700012