Caregiver Versus Personal Attendant - Wages and Benefits

Self Employed Health Insurance Deduction S Corporation - Caregiver Versus Personal Attendant - Wages and Benefits

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Are you a caregiver or a personal attendant who works in a incommunicable household or home? As a household laborer either as a caregiver or personal attendant, are you entitled to minimum wage? Over-time pay? Other benefits?

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Self Employed Health Insurance Deduction S Corporation

If hired directly by an private or family, your benefits are different from one who is hired by a incommunicable firm or agency and governed by general employment laws: applicable federal and state statutes.

A live-in laborer as opposed to a live-out laborer is subject to extra work rules discussed below.

A caregiver or "care custodian" is defined by Section 15610.17 of the California Welfare and Institutions Code as:

"... An administrator or an laborer of...public or incommunicable facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the maintain staff and maintenance staff."

A "personal attendant" is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time.

In these three instances, the household laborer is no longer considered a "personal attendant" and is entitled to overtime pay. Otherwise, light house keeping and cooking chores qualify as work exempt from overtime compensation.

Personal Attendant As Defined In Ca Iwc Wage Order 15:

Section 2(J) of the California commercial Welfare Commission (Iwc) Wage Order No. 15-2001 defines "personal attendant" as follows:

"'Personal attendant' includes baby sitters and means any person employed by a incommunicable householder or by any third party owner recognized in the condition care commerce to work in a incommunicable household, to supervise, feed or dress a child or person who by suspect of advanced age, corporal disability, or mental scantness needs supervision. The status of 'personal attendant' shall apply when no essential amount of work other than the foregoing is required."

Indeed, the California agency of Labor Standards obligation (Dlse) has historically adopted the standard used in the federal regulations, 29 C.F.R. 552.6 on "companionship services," to wit:

"...(T)he term 'companionship services' shall mean those services which provide fellowship, care, and protection for a person who, because of advanced age or corporal or mental infirmity, cannot care for his or her own needs. Such services may include household work connected to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the performance of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked."

Federal regulations, 29 C.F.R 552.6, supra, added clarifies that:

"The term 'companionship services' does not include services connected to the care and protection of the aged or infirm that need and are performed by trained personnel, such as registered or practical nurse."

Thus, the standard duties of a "personal attendant" involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A "personal attendant's" duties of "supervising" would include aid in obtaining healing care, preparing meals, shopping for personal items or groceries, using a telephone, even managing money.

As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a "personal attendant," he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as "personal attendant" also excluded minimum wage in California.

This overtime recompense exemption also applies to "personal attendants" as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an agency and sent to incommunicable households to work.

Benefits Of Household Workers:

A. Minimum Wage:

The state minimum wage covers all employees, including household workers (live-in employees, caregivers, and "personal attendants") but excluding legitimate independent contractors. The current California minimum wage is .00 per hour since January 1, 2008, a 6.7% increase over the previous .50 minimum wage.

There are any factors that resolve either a person is an independent undertaker of a package deal or not. But the customary factor is control by the owner of the means, manner and outcome of the job. An independent undertaker of a package deal runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job.

Independent contractors are not covered by minimum wage and overtime recompense statutes.

B. Overtime Pay:

Household workers who are not live-in employees, as well as "personal attendants" who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their regular rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week.

Live-in employees must be paid one and one half times the regular rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid duplicate the regular rate for all hours worked over (9) hours per day. See California Iwc Wage Order No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).

Under federal law, 29 U.S.C. 213(a)(15), "any laborer employed on a casual basis in domestic aid employment to provide babysitting services or any laborer employed in domestic aid employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves" is granted exemptions from minimum wage and overtime pay.

C. Other Benefits Of Household Workers:

1. Hours And Days Of Work:

A live-in laborer is entitled to at least twelve (12) consecutive hours free of duty while each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the laborer must have at least three (3) hours free of duty while the 12 hours span of work; and (b) the laborer required or permitted to work while scheduled off-duty hours or while the 12 consecutive off-duty hours must be paid one and one-half times the regular rate of pay for all such hours worked. See California Iwc Wage Order No. 15-2001 3(A).

Moreover, no live-in laborer shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California Iwc Wage Order No. 15-2001 3(B).

2. Rest And Meal Periods:

Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California Iwc Wage Order No. 15-2001 12(A), and a thirty-minute meal duration of every five (5) hours worked, just like others kinds of employees, under California Iwc Wage Order No. 15-2001 11(A).

Otherwise, the owner shall pay the laborer one (1) hour of pay at regular rate for each workday that the rest period, or the meal duration is not provided. See California Iwc Wage Order No. 15-2001 12(B), 11(D). But "personal attendants" are not granted rest and meal periods.

3. Meal And Housing Deductions From Wages:

The owner may subtract meal and housing earnings from the employee's paycheck if: (a) the laborer unquestionably uses the meals and is in case,granted with housing; (b) meals and housing are used as wages to comply with the minimum wage; and (c) the laborer executes a voluntary, written agreement, crediting meals and housing towards minimum wage.

Meal prestige may be deducted as follows: morning meal - .45; lunch - .35, and evening meal - .50. Housing may also be credited at .75 per week for a room (.20 if shared). See California Iwc Wage Order No. 15 - 2001 10(C).

In summary, either you are a caregiver or a "personal attendant" entitled to single wages and benefits in California or in other states depends on either the general household work you do exceeds 20% of your total work time.

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

This report is not legal advice, and no attorney-client connection is formed with the reader. For specific labor law issues, consult a competent attorney.)

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Guaranteed public protection Benefits - Make it So

Self Employed Health Insurance Deduction S Corporation - Guaranteed public protection Benefits - Make it So

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The comically complicated Psa (Personal Savings Account) legislation bouncing colse to Congress will raise taxes, growth speculation risk, and improve the size of government. Let's stop applying Band-Aids to spouting arteries. We are looking for a guaranteed retirement benefit program, and organizations capable of providing one. Additionally, we want the new agenda to reduce taxes, generate jobs, boost the economy, cut prices, and growth salaries. Difficult? Not really.

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Self Employed Health Insurance Deduction S Corporation

This is the conceptual shape of a five-year implantation plan, a starting point for the brainstorming needed to institute the nitty-gritty details, rules, regulations, laws, and agencies. All that is needed is the will to change things productively. Politicians like to debate changes to resolve why new ideas can't be implemented. Here's a plan that must be implemented. Have a listen, throw out an incumbent, and protect your future.

Guaranteed benefit programs have been colse to for over 100 years, and millions of people throughout the world enjoy the benefits they provide. Here's how they do it. Every month, they deposit money into a trustee-managed speculation account. The money avoids the stock store (for the most part), index funds, commodities, or Mlm-like derivatives and is thought about invested in high quality debt securities, many privately settled for better yields.

All income are reinvested in similar securities, and the fund at last produces more in income than the participating investors contribute; the trustee manages the portfolio. At retirement, the deposits stop and the guaranteed benefits begin. The benefit is guaranteed for life--- amazing concept, older and wiser than any living congressman or presidential candidate.

What if, instead of donating 7.6% of your salary (15.3% if you are self employed) to retain the war de jour: (a) you could choose to deposit from 3% to 5% of your salary in a guaranteed retirement agenda maturing anytime after age 60, (b) the lifetime benefit is totally income tax free, and (c) your manager uses his savings to either generate jobs, raise non-executive salaries, reduce prices, or growth shareholder dividends. Interested?

The Ssria (Social security retirement income Annuity) is a new and improved version of the old Deferred Fixed Annuity--- a boring but guaranteed fixed-amount-only retirement vehicle. (Wrong, I don't sell annuities--- they just happen to be the exquisite communal security problem solver.) There are a bunch of new wrinkles: (1) The minimum contribution is mandated for all employed persons, but anyone with a communal security estimate can have a Ssria.

(2) marvelous (15 years of Fixed Annuity experience) Ssria providors are assigned to participants randomly by Ss#--- only one per participant, per lifetime, please. Since the "qualified-by-qualified-people" providor companies have no acquisition, retention, or advertising expenses, there are no sales commissions; executive expenses and speculation supervision fees are capped at .5% of the total fund Working Capital.

(3) All Ssria contracts, regardless of provider, will comprise the same terms, interest guarantees, retirement benefit choices, and pre-retirement death benefits, thus eliminating any incentives for internal fraud and manipulation of statistics.

(4) marvelous providers will institute cut off tax exempt, "mutual" subsidiaries to manage and control operations, assuring that profits are distributed to compact holders. Profits are allocated 50% to active compact holders and 50% to a health guarnatee trust fund for retired participants (Hitf). (5) All providers will use the same mortality, speculation earnings, and price assumptions in their annuity benefit calculations, and only Life and Life + One Annuities are available. (6) benefit payments will be jointly guaranteed by the parent companies and the Federal Pension benefit certify Corporation. Parent company income taxes would be reduced by 50%.

Implementation would be completed over a five-year period, and interpreted with an "intent of the law" bias:

In Year One, the Federal Government would buy particular superior Ssrias for all active communal security recipients--- hey, they squandered the money. Also in year one: (1) all employee and manager contributions would be cut by 25% (the first of four such each year cuts) and deposited to private Ssrias. (2) All Federal, State and Local income taxes on Ssria payments would be declared illegal and forever prohibited. (3) A secret company would be chartered to audit the disposition of corporate tax savings within all communal companies and secret companies employing 10 or more persons 18 months before enactment.

In Years Two straight through whenever, the Federal Government would add to retiring persons Ssrias to bring the annuity benefit to the level guaranteed by the Oasi plus Colas. Once an equalization level is achieved, federal responsibility would cease for that retiree.

In Years Three straight through Five, all Federal, State and Local income taxes on all forms of secret retirement accounts (Ira, 401(k), 403(b), etc.) would be reduced by one third per year, and would be declared forever illegal at the end of year Five. A Federal Sales Tax of 1% or 2% (on all final-product-sales, not a Vat) could be enacted after the second year's cut. From Year Three forward, Ssria holders would be able to view their projected monthly benefit at assorted retirement ages, based on compact provisions and their deposit and income history.

By the end of the Year Five: (1) Employers would have no communal security tax responsibilities, but would be responsible for either employing more people, reducing their product prices, raising non-executive salaries not field to the minimum wage, or paying higher dividends to shareholders. Any manipulations of their operations or executive compensation packages clearly intended to circumvent the intent of these reforms would be fined appropriately within the Board of Directors, senior officers, and legal council of the Company--- personally, and in each capacity.

That's right, if a senior officer is also on the Board, and responsible for controlling jobs, product prices, or dividends, he or she would be personally responsible for three cut off fines. (2) Employees would settle on their level of salary deduction for year six; the determination can be changed once in any twelve-month period. No employee can lead more than the maximum 5% of salary to an Ssria.

Of policy there are a lot of ifs, ands, and buts in here, but it is a clearly doable agenda within an established pro infrastructure. It will growth jobs, reduce taxes, boost the cheaper and reduce the role of government--- in 50,000 less words and 25 fewer years than any advent even being thought about in Congress.

Make it so--- yeah, you!

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