November 2013 Archives

Governor Brown recently signed into law Assembly Bill 241, also known as the Domestic Workers Bill of Rights.  Under this new law, which goes into effect on January 1, 2014, domestic workers employed in private households, including nannies, housekeepers and personal caregivers, must be paid overtime when they work more than nine hours in a single work day or more than 45 hours in a work week.  Notably, the new law does not cover babysitters.The law expires by its own terms after three years.  This sunset provision is intended to allow the Governor to set up a committee to review the effects of the bill, so that the Legislature can make an informed decision as to whether to renew it.Many domestic employees employed by corporate employers already are entitled to overtime pay, but AB 241 extends the law to apply to private household employers as well.  No matter who the employer is, a violation of the wage-and-hour laws may give rise to substantial liability for unpaid wages, civil penalties, attorneys’ fees, court costs and taxes.  Accordingly, individuals who employ domestic workers in their homes must take steps to comply with these laws.  This includes tracking domestic employees’ hours worked and paying out any overtime worked at the appropriate rate, maintaining accurate payroll and timekeeping records, and taking care of the employer’s share of payroll taxes and withholdings.  Finally, employers of domestic workers should review their homeowner’s insurance policies to determine whether and under what conditions employment-related claims by domestic workers may be covered.If you would like to discuss AB 241 or your overtime and wage-and-hour compliance in general, please contact a Lim Ruger attorney.

Congratulations to Eduardo Ramirez Castro, University of California, Davis, School of Law (class of 2016), and at least 10 other Lim Ruger scholarship recipients for 2013!  Eduardo, having grown up as an undocumented immigrant, worried that his access to education might be taken away at any moment.  He not only graduated from college but also went on to help other underserved students by taking a leadership role as program coordinator for a project tutoring and mentoring low-income students at a public school in Sacramento.  Eduardo regularly volunteers at naturalization workshops and helps to educate families about Deferred Action for Childhood Arrivals, a program providing temporary status for undocumented youth.  He plans to become a public interest attorney.