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062: Hiring Home Caregivers: Know the Law

Absolute Trust Talk

Release Date: 04/21/2021

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Studies show that universally, people prefer to stay in their own homes as they age rather than moving into a facility. Who wouldn’t, right? That, however, means that those same people will be hiring in-home caregivers, and there are a few different ways of doing so. If you don’t end up working with an agency that provides someone for you, you may end up hiring a caregiver directly and may unknowingly be stepping into the shoes of an employer. With that option comes several legal requirements that an employer must follow.

In a new episode of Absolute Trust Talk, Kirsten sits down with Jon Babione of Ferber Law. He practices in a broad range of employment matters, including discrimination, harassment, wrongful termination, and wage and hour claims, in the state and federal courts and the office of the Labor Commissioner. Jon and Kirsten discuss the requirements involved, and Jon provides some best practices to follow when hiring a caregiver to avoid any legal issues.

Big Three from Episode #062:

  1. It’s important to understand wage orders and necessary laws.
  2. Know how you are utilizing your employee.
  3. Keep track of all work by maintaining accurate and labor code-compliant time records.

Time-stamped Show Notes:

5:55 – What is a wage order?

9:04 – How does the Domestic Worker Bill of Rights fit together with wage orders?

13:04 – What do people have to do to ensure a caregiver is considered a personal attendant?

14:24 – As an employer, it’s important to know how you are utilizing a person. This is an excellent way to keep track of their time and work.

16:41 – If you don’t maintain accurate records, the burden turns to the employer to prove hours worked.

19:26 – Even if you set up an LLC or corporation, you can be sued.

20:50 – Jon discusses the financial consequences of not keeping good records and an employer.

23:36 – An on-duty meal break waiver is signed if you need the caregiver to do this.

25:19 – Kirsten and Jon discuss what issues clients need to be aware of with live-in caregivers

28:49 – Aside from legal requirements, what else does an employer have to do to hire someone?

30:19 – Do all the regulations and requirements apply when hiring a family member as a caregiver?

32:49 – What are the most common problems that you see clients have when they employ in-home caregivers?

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