Many “caregivers” in the state of California are not aware of the rights they were granted on January 1, 2014. The Domestic Worker Bill of Rights (DWBR) was passed as law and it overturned the exemption from overtime pay for all “personal attendants.”
What is a personal attendant?
A personal attendant includes caregivers, nannies, housekeepers, babysitters and other domestic workers who provide their services in private households. The law is primarily directed at workers that provide personal care as 80% or more of their duties. This group of workers has been subjected to lengthy and unpredictable hours without any recourse prior to this law. Now they have the right to be compensated overtime pay for their extra work.
What constitutes “overtime?” …show more content…
What can I do if my employer violates DWBR?
Many California employers still mistakenly believe they do not owe a personal attendant overtime pay. As a result, substantial liability can arise if your employer ignores the DWBR. Labor Code §1194 provides that a caregiver can file a lawsuit to recover his or her unpaid overtime pay as well as their reasonable attorney’s fees and costs. Additionally, California law allows you to recover interest and penalties for workers who were not properly paid overtime compensation. Thus, if you are a domestic worker that is not being paid overtime pay, you should contact us to discuss your rights under this new law.
How long do I have to take advantage of DWBR?
There is a three-year sunset provision in the DWBR. In other words, a committee will be created to review the success of the bill, and the legislature has three years to make it permanent. One of the primary ways the bill will prove to be successful is by domestic workers enforcing their
What is a personal attendant?
A personal attendant includes caregivers, nannies, housekeepers, babysitters and other domestic workers who provide their services in private households. The law is primarily directed at workers that provide personal care as 80% or more of their duties. This group of workers has been subjected to lengthy and unpredictable hours without any recourse prior to this law. Now they have the right to be compensated overtime pay for their extra work.
What constitutes “overtime?” …show more content…
What can I do if my employer violates DWBR?
Many California employers still mistakenly believe they do not owe a personal attendant overtime pay. As a result, substantial liability can arise if your employer ignores the DWBR. Labor Code §1194 provides that a caregiver can file a lawsuit to recover his or her unpaid overtime pay as well as their reasonable attorney’s fees and costs. Additionally, California law allows you to recover interest and penalties for workers who were not properly paid overtime compensation. Thus, if you are a domestic worker that is not being paid overtime pay, you should contact us to discuss your rights under this new law.
How long do I have to take advantage of DWBR?
There is a three-year sunset provision in the DWBR. In other words, a committee will be created to review the success of the bill, and the legislature has three years to make it permanent. One of the primary ways the bill will prove to be successful is by domestic workers enforcing their