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  • What Trust and Estate Attorneys Need to Know About Employment Laws in the Elder and Home Care Industries

    Robert Nuddleman will be speaking at the Silicon Valley Bar Association’s luncheon seminar on October 23, 2013.  We will be discussing recent legislative and regulatory changes that will impact people working in the elder and home care industries.

    Recent legislative changes and court decisions are changing the landscape for home care workers, companions, personal attendants and the people that employ them. New state and federal regulations will increase the cost of caring for elderly clients and family members in their own homes. Conservators, trustees, and family members are potential targets for unpaid wage claims under recently expanded definition of the term “employer.” In this brown bag, we will discuss the new expansive definition of “employer” and how it impacts trust and estate attorneys. We will discuss how proposed and newly enacted legislation will impact your clients’ bottom line, and what you and your clients can do to limit exposure to potentially costly employment law claims.

    The event will be held at the Hilton Santa Clara Hotel (4949 Great America Parkway, Santa Clara, California) from noon to 1:00.  Advanced registration is preferred, but you can also pay at the door.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • Recent Article in ACBA L&E Section Newsletter: Department of Labor Proposes Change the Companion Exemption

    If you missed some of my prior posts talking about proposed modifications to the FLSA regulations regarding “companions,” I wrote an article for the Alameda County Bar Association’s Labor & Employment Law Section Newsletter.  The issue came out in May, but somehow it passed under my radar until I was searching for new information on the topic and came across the article.

    You can download a copy of the article at the ACBA L&E Section website.

    If you, or someone you know, works in the home care industry, I highly recommend reviewing the article.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • Are the DOL Numbers Correct? Recent Study Questions Accuracy of Economic Impact on Home Care Industry

    A recent article written by Hoffman Miller Advertising on behalf of Private Care Association questions the validity of the economic impact analysis published by the Department of Labor regarding the proposed modification of FLSA regulations on the home care industry.  When the DOL initially proposed amending FLSA regulations eliminating the companion exemption for workers employed by third-party employers, the government produced an economic impact analysis indicating the revised regulations would have little effect.  I’m not an economist, but even I questioned the data and conclusions as contrary to common sense. Given the increased number of home care providers and the expected increased need for home care services, it is unlikely that requiring overtime premium for companions would have little impact.

    The home care industry including Private Care Associates “engaged a private Research Company, Navigant Economics, to conduct an independent study on the effects of these proposed changes.”  The report can be viewed at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017109

    According to the research company, “the deadweight losses from the proposal would far exceed the PRIA’s estimate, and that the costs of the proposal would likely exceed the benefits.”

    The proposed repeal Companion Care Exemption and the Live-in Exemption to the FLSA would likely create substantial disruptions in the market for home health care, increasing the costs of companion care and reducing its availability. The Department of Labor’s PRIA understates the costs of the rule in important ways, including minimizing or ignoring a variety of compliance costs, underestimating the elasticity of demand for labor, and assuming incorrectly that demand for companion care is completely inelastic. As a result, its finding that the costs of the proposed rule would be de minimis is both unsupported and incorrect. We conclude that the costs of the rule would be substantial, including reduced availability of companion care services, lower quality of care, and increased fiscal pressure on both state governments and the Federal government, and that net costs would almost certainly exceed the net benefits.

    As mentioned by Hoffman Miller Advertising:

    While the comment period for the proposed rule already closed on March 21, the home care industry continues to encourage individuals to express their concerns to their elected representatives in Congress and to the DOL’s Secretary of Labor, Hilda Solis.

    U.S. Department of Labor

    200 Constitution Ave., NW

    Washington, DC 20210

    (202) 693-6000

    Email talktosolis@dol.gov

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.