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legalg
legalg, Other
Category: California Employment Law
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Experience:  General Practitioner. Research Attorney
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Does the new law attendant who works live-in still exempt 8

Customer Question

Does the new law for personal attendant who works live-in still exempt 8 hrs for sleep out of the 24 hours per day?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  legalg replied 10 months ago.

This information should come in handy in general:

http://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.html

But yes, the new law still provides an 8 hour time period that is exempt from pay for purposes of sleeping.

http://www.domesticworkers.org/sites/default/files/AB241.dwbor_.factsheet.080913.pdf

This bill also provides industry-specific standards: 3) Uninterrupted Sleep Provisions: This bill provides domestic workers who work 24 hours or more the right to 8 hours of unpaid, uninterrupted sleep. Employers have the flexibility of having someone onsite for emergencies and domestic workers can sleep and avoid the risk of illness or injury caused by exhaustion

Customer: replied 10 months ago.
If state requires OT after 45 hrs per week and federal requires OT after 40 hrs per week should I follow the federal law? And if so can I compute 16 hrs per day twice a week is 32 hrs per week therefore no OT pay?
Expert:  legalg replied 10 months ago.

As an individual contributor I'm only permitted to answer one question per thread.Since this second question deals with overtime (versus the uninterrupred sleep provisions) would you mind posing that in a new thread?

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