The California Labor Office, April 15, 1986, describes a "personal assistant" to include childcare and individuals recruited directly by private homes or indirectly through a third-party employee to supervise, or dress a child or person in need monitoring of high age, physical disability or mental illness.
It provides an exemption for temporary salaries, meal time, rest periods and requirements regarding the registration of persons entitled to a personal assistant, except for the minimum wage.
Other Work Not Over 20% of Working Time:
But to maintain the exemption, there is a number of other work that means no more than 20 percent of the employee's working time. Sanitation measures are considered "other jobs" counting against 20 percent limitation.
General deviation from home work 20 percent of total hours worked per week, exceptions are lost.
Thus, in Cardenas v. Mission Industries, 226 CalApp. 3.952, 277 Cold. Rptr. 247 (1991), the Court ruled that the line server was not a personal assistant because the employee made a significant amount of work not related to childcare, wit: grocery store, laundry, walking talks and preparing dinner for all homes.
Personal wages covered by payroll 5 (Public Relations Industry) and Non Payroll 15 (Home Care) may work additional hours in an emergency but have to pay half an hour for overtime hours.
Employee Living Pay:
Part 3 (A) AND (B) in Payroll 15 provides live and mid-term workers for nine and nine 9) working hours on the sixth or seventh day double hours over nine in such days.
However, household workers have full overtime hours under Section 21 (b) (21) of the Labor Market Contract and Partial Exemptions in Payroll 15.
Domestic workers entitled to benefits and benefits may be paid once a month on them a date that the employer has pre-determined for each business in California. 205.
Who Are Not Staff:
The California Division of Labor Standards Compliance (DLSE) has stated that licensed volunteers (LVNs) and employees who regularly give drugs or take Acne, respiratory diseases usually do not pass as personal workers.
Isolated medical assistance has been interpreted as included in the "supervisory work" by a personal assistant.
In addition, the exemption does not apply if a service is performed by a staff member such as a registered or functional nurse but a certified nurse (CNA) is not considered a skilled person, in the ninth cycle of McCune v. 19659009] Oregon Senior Services Division, 894 F.2d 1107, 1111 (9th Cir. 1990).
Finally, the exemption does not apply to non-residential services or to the care of minor children who are not mentally or physically ill. Sleep Time Benefits:
An item is not considered to be work when he or she is free of all jobs and can earn the prize for his or her own purpose, including periods when he or she bites, sleeps, entertains. These are not housekeeping.
Thus, employers and employees are encouraged to agree on a reasonable arrangement under payroll 5 (public households) but not under payroll 15.
Working hours, if an employee is required to be on duty for less than 24 consecutive hours.
If an employee is required to be on duty for 24 hours or more working hours, an employee and employer may agree to exclude from sleep hours for a maximum of eight hours and exclude hours from working hours