News & Analysis as of

Domestic Workers

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

by FordHarrison on

Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more

Second Department Holds “Live-In” Aides Must be Paid for all 24 Hours of a Live-in Shift

by Hodgson Russ LLP on

After nine months of deliberation, the Second Department has issued two decisions addressing how "live-in" home health aides should be paid for live-in shifts. In unanimous opinions, the Court held that live-in aides who are...more

Hot List (Spring Break Edition!) – What’s Happening in the California Legislature 4/10-4/14

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

Hot List – What’s Happening in the California Legislature 4/3-4/7

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

A Reminder: The Domestic Worker Bill of Rights is Permanent

by Ervin Cohen & Jessup LLP on

Effective January 1, 2017, Senate Bill 1015 removes the 2017 sunset provision of 2013’s Assembly Bill 241, the Domestic Worker Bill of Rights, which granted overtime protections to California’s privately hired domestic...more

Hot List – What’s Happening in the California Legislature 3/27-3/31

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Hot List – What’s Happening in the California Legislature 3/20-3/24

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

The following is a brief recap of the bills Governor Brown signed in 2016 that have added new laws to the books and modified existing laws affecting California employers. Employers should consult with counsel to ensure...more

New California Labor and Employment Laws for 2017

by Holland & Knight LLP on

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

Gifts that Don’t Quite Fit in Your Stocking: New Employment Laws Taking Effect in 2017

by Franczek Radelet P.C. on

A number of new state or local laws are set to take effect in Illinois in 2017 which will require employers to update their employee handbooks, employment agreements, and other policies and procedures. We address the key...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

by Littler on

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

California Legislative Update: Which Bills Made the Final Cut?

by Littler on

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

Illinois Becomes Seventh State to Expand Employment Rights to Domestic Workers

by Littler on

On August 21, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Domestic Workers’ Bill of Rights, amending four existing state employment laws so they will now apply to domestic workers. Effective January 1,...more

Employers' Legislative Update: Governor Brown Signs New Bills

by Lewitt Hackman on

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

“Takin’ Care of Business” at Home: Hiring California Household Help

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Have you pondered the implications of hiring help around the house? Here are some legal requirements regarding employment of domestic helpers. Household workers or “domestic helpers” are people who...more

California Legislative Update: It's Now Up To The Governor

by Littler on

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Employment Law Navigator – Week in Review: August 2016 #5

by Zelle LLP on

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

Illinois Domestic Workers Now Guaranteed Certain Employment Rights

On August 12, 2016, Illinois Governor Bruce Rauner signed the Domestic Workers’ Bill of Rights Act (House Bill 1288) (the “Act”) on behalf of domestic workers employed in private homes or residences into law. With the passage...more

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

by FordHarrison on

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

by FordHarrison on

Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more

California Legislative Update: Heading Into The 2016 Session's Final Month

by Littler on

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

OIG Delivers Home Care a One – Two Punch: Release of Report and Alert on Home Health Fraud Highlights Increased OIG Scrutiny of...

On June 22, 2016, the Office of Inspector General (“OIG”) issued two communications that underscore its continued focus on fraud in home health care, along with the role of physicians as “gate keepers” in authorizing...more

Costa Rica: Aumento Salarial Aprobado para el Sector Privado para el Segundo Semestre 2016

by Littler on

El 15 de junio del 2016, el Consejo Nacional de Salarios aprobó un aumento al salario mínimo de 0.5%, correspondiente al segundo semestre del 2016 para los empleados del sector privado, excepto para las trabajadoras...more

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