Further Clarifying Calif. Wage Law In Cash V. Winn
June 22, 2012, 1:32 PM EDT
Law360, New York (June 22, 2012, 1:32 PM EDT) -- In May 2012, in Cash v. Winn, a California Court of Appeal flatly rejected an exception to the personal attendant exemption from overtime for individuals who provide in-home “health care services.” Under California Industrial Welfare Commission Wage Order No. 15-2001, individuals employed as “personal attendants,” defined to mean employees who “supervise, feed or dress” the client, are exempt from overtime pay requirements.
However, if the caretaker performs a “significant amount of work” in addition to these tasks, the caretaker is not exempt from overtime pay requirements....