HOW TO GET A CHEAP DIVORCE LAWYER HOUSTON
Paul J. Walker Law Offices Criminal Defense Scranton PA
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Paul J. Walker Law Offices Criminal Defense Scranton PA Tube. Duration : 1.23 Mins.Versace McKenzie Lawyers
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Versace McKenzie Lawyers Tube. Duration : 0.83 Mins.Save Thousands By Filing Your Own Divorce Without a Lawyer
Divorce Lawyers - Save Thousands By Filing Your Own Divorce Without a Lawyer
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Save Thousands By Filing Your Own Divorce Without a Lawyer Video Clips. Duration : 1.43 Mins.How to Lose Custody - 10 brainless Mistakes Parents Make
Family Lawyers - How to Lose Custody - 10 brainless Mistakes Parents Make
Hi friends. Now, I discovered Family Lawyers - How to Lose Custody - 10 brainless Mistakes Parents Make. Which may be very helpful if you ask me and also you. How to Lose Custody - 10 brainless Mistakes Parents MakeI doubt that you are seriously looking to lose custody of your children. If you are reading this article, then more than likely, you are either complex in a custody proceeding or anticipating involvement in a custody proceeding. If I'm wrong and you want to give away your kids, then you can perceive the department of public Services to discuss an entrustment agreement. Over the years we have seen people do a lot of stupid things; make a lot of perfectly avoidable mistakes. While the things you learn in the school of perceive stay with you a long time, it is less painful if you can learn from other people's mistakes. To learn from ten stupid mistakes parents make to lose custody, read on.
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Mistake #1. Go to the initial hearing unprepared.
The first hearing is ordinarily only scheduled for ten minutes. If you have reached an agreement, the court will enter a consent order and you are finished. If you have not reached an agreement, then even at the first calling of the case, some decisions must be made, such as where the children will stay temporarily. More than likely the court will enter a temporary order of custody and visitation at the first hearing and agenda a contested date for full hearing. If you are not ready to address this with the court, you could lose custody at the first hearing. I have seen it happen.
Mistake #2. Don't consult a lawyer.
Don't seek sound legal advice early. Wait until the last slight to call a lawyer, if you call at all. Absolutely, don't hire a lawyer to record you in the case. After all, its just your children. The court will conclude how much perceive you have with them, the duration of the perceive and the frequency of the contact. If the other parent is a controlling or manipulative individual, you do not want your capability to see your kids contingent on his/her consent and bargain because the first time you have a disagreement, you will find the other parent has half a dozen reasons why the kids can't visit this weekend. Even if you are getting along well now, that doesn't mean that problems won't form over time. If the order gives you such visitation as may be agreed, you have nothing unless the other parent agrees. In such a case, the order is so vague, it cannot be enforced.
By the way, no attorney can be ready for court if you wait until the last minute. At Plg, we won't take a case unless we have at least a month to prepare. What people don't realize watching television lawyers win every week is that a lawyer doesn't simply walk into court and win a case; there is a great deal of preparation that goes into winning. That preparation, investigation and explore takes time. Generally, subpoenas must be issued at least three weeks prior to the court date. If you don't subpoena witnesses and someone fails to appear on time for court, the court will not grant a continuance to get them there.
Mistake #3. Don't cooperate with your lawyer.
Don't supply the information, documentation and seek list he/she asks for, If you don't supply your lawyer with the information, the documentation and the witnesses, you are request you r lawyer to build your case, while giving him/her nothing to work with. No information, no documentation, no witnesses; no case. Maybe that bears repeating. Consider this proposition as a mathematical formula: no facts + no documentation + no witnesses = no case. If you are going to get a lawyer and pay him/her to record you, you unmistakably should go the length and cooperate with the lawyer. After all your lawyer is there to help you. If you don't help your lawyer help you, you are unmistakably hurting yourself.
Mistake #4. Violate court orders.
Once there are orders entered by the court. You must obey them. Violating court orders an follow in fines, jail and other sanctions along with the other parent's attorney's fees. Violating court orders gives rise to negative inferences by the judge on your case about you and your parenting. This is especially true if you are not paying court ordered support.
Mistake # 5. Lose your temper.
There's a theorize it's called "losing" one's temper or "losing it". When it happens you are out of control. You say and do things that you would not commonly do. stupid things. If you have strangeness with self control in the area of anger management, get help. Even if you have good self control. It may be a good idea to join a counseling group for parents without partners or separation salvage so that you have a place to vent those feelings that build up into an angry outburst. It only takes one unmistakably stupid act done in anger, like shoving the other parent who is holding the baby at the time to lose custody. Once Custody is lost, you may never recover it.
Mistake # 6. Don't co-operate with the guardian ad litem.
The guardian ad litem is an attorney appointed by the court to record your children. He/she is not there to advocate for you or for the other parent. His/her only job is to advocate for the children. The guardian ad litem is required to make known to the court the children's wishes with respect to custody and visitation, but also includes presenting what he/she believes to be in the best interests of the child, even if it is contrary to what the child wants. Your failure to make yourself available to the guardian, to supply requested documents and facts will follow in negative inferences by the guardian ad litem and could follow in a advice against your receiving custody, partial or otherwise.
Mistake # 7. Lie to your lawyer.
That includes not telling your lawyer the whole truth. You may get by with it for a while but again, you may not. Don't you think that the other parent will tell his lawyer everything, especially those things that you don't want exposed? A good way to lose your case is to allow your lawyer to be surprised in court.
Mistake #8. Neglect your children.
Don't put them first. Leave them alone and unsupervised. Don't feed them salutary and nutritious diet. Don't make them bathe and brush their teeth. Don't supply a regular and consistent agenda for them along with bedtime. Don't take them to the physician when they are ill. Leave them stranded with no transportation back home. Oh, that's not you? Okay, then. Be consistently late to pick up your children for visitation. Good yet, don't show up at all. Consistently return your children early from visitation. Under no circumstances practice all of the time the court has given you with your kids. Just skip it. Oh yea, don't take the kids to their activities, ball games, dance, scouts, tutoring, tai chi, karate, etc.
Mistake #9. Talk dirt.
Don't think about what you're doing when you open your mouth. Don't think about what you are going to say before you speak. Don't think about who you're talking to or who else is present. In short, do not be sure that your brain is engaged before putting your mouth in gear! Go ahead and blab anything comes to your mind without reasoning about what you are saying.
A. Talk to your children about what happens in court or what happens in the divorce. While it may be approved to let them know in a normal way what is going on, depending upon their age, they do not need the gory details. If in doubt, ask your lawyer either to say anything and how much to say.
B. Disrespect the other parent to or in front of the children.
C. Talk to or in front of the children about the other parent's indiscretions; talk badly about the other parent to the children... There unmistakably no need to discuss the other parent's sexual liaisons with your children. There is a name for this type of behavior, it is called "parental alienation." Children subjected to this behavior are often diagnosed with "parental alienation syndrome." If the court finds credible evidence of this type of behavior, it can serve as a basis to deny you custody or to convert existing custody and visitation arrangements.
D. Use your kids as a shrink. Using them to vent your frustrations with the other parent. If you need to vent, call a friend. Call a help line. Call your psychiatrist. Go deep into the woods by yourself and scream a primordial scream. Or keep your frustrations to yourself.
Mistake #10. Use your kids as pawns in the great chess game with the other parent.
Yes, I am saying other parent not spouse or ex-spouse for a reason. Any reasons. First to remind you that your kids have two parents. It was not an immaculate conception. Your kids need two parents. Just because you can't get along with the other parent or your marriage went down the toilet does not end your kids' relationship with the other parent and it should not end that relationship. This includes using your kids as spies in the other parent's household and pumping them for information. It stresses them our and can lead to serious emotional problems.
I also use "other parent" because not all parents are married to each other. either the parents are married or not, if the court believes there is credible evidence of this type of manipulative or retaliatory behavior, it can serve as a basis to deny custody or to convert custody. Sometimes people seem to "get by with" using their kids to retaliate on each other. The terrible shame of it is the damage done to the children in the process. After all, it is the children who pay the extreme price for this type of behavior. I have watched kids grow up in this type of environment, who are now adults with no desire to get married or have children of their own because of their experiences.
Copyright © 2007 by Virginia Perry, J.D. All possession reserved. Permission is granted to reproduce this description for personal use and for non-commercial distribution, in case,granted that all copies or excerpts consist of the following statement: This copyright material is used with the permission of the author Virginia Perry, J.D.
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Divorce Lawyers In Nj - Rhode Island Landlord Tenant and Eviction Law Faqs - Nonpayment Rent, Termination
Good evening. Yesterday, I found out about Divorce Lawyers In Nj - Rhode Island Landlord Tenant and Eviction Law Faqs - Nonpayment Rent, Termination. Which may be very helpful if you ask me so you. Rhode Island Landlord Tenant and Eviction Law Faqs - Nonpayment Rent, Termination1) How long does it take to evict a tenant for non-payment of rent in Rhode Island?
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In order to begin the process of evicting a residential tenant in Rhode Island (Ri) for non-payment of rent, the tenant must be more than 15 days late and then a five-day request observation must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next enterprise day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal).
2) Is it legal to do a self-help eviction in Rhode Island?
No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the permissible legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to procure damages against the landlord.
3) How long does it take to evict a month-to-month tenant?
In order to evict a month-to-month tenant, you are required to send a thirty-day observation to conclude the tenancy pursuant to Rhode Island law. After the thirty-day duration has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to acknowledge and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on either or not there is an appeal).
4) My tenant has a lease but is violating the lease and causing problems. What do I do?
Pursuant to Rhode Island law you can send them a observation asking them to conclude the offending behavior within 20 days. If they do not conclude the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the observation and that the tenant did not comply with the observation after receiving the notice. If the tenant is a month-to-month tenant, then it is good to conclude the offending tenant's tenancy rather than go through the above-described process.
Rhode Island Attorneys legal observation per Ri Rules of professional Responsibility:
The Rhode Island supreme Court licenses all lawyers in the general custom of law, but does not license or certify any lawyer or attorney as an expert or expert in any field of practice.
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Smart BC Divorce Tips #5 Winning Vancouver BC Child Support Video Clips. Duration : 3.15 Mins.Get a Restraining Order Against a Bank Trying to Foreclose on Your Home
Pro Bono Divorce Lawyers Nj - Get a Restraining Order Against a Bank Trying to Foreclose on Your Home
Good morning. Yesterday, I learned about Pro Bono Divorce Lawyers Nj - Get a Restraining Order Against a Bank Trying to Foreclose on Your Home. Which could be very helpful if you ask me so you. Get a Restraining Order Against a Bank Trying to Foreclose on Your HomeIn nonjudicial foreclosure states, mortgage companies do not have to bring a lawsuit against homeowners in order to sell the house at a county auction. If the borrowers believe that the foreclosure is not warranted, they will have to bring a lawsuit themselves against the bank and prove that the house should not be sold. Obviously, this makes defending the lawsuit impossible, as the owners would have to bring the fight into court first and the bank would be on the defensive.
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But bringing a lawsuit against a lender to stop foreclosure can be a high-priced and confusing process for most homeowners. They will have to consequent a estimate of steps just to have the sale initially halted, and then exertion to prove that the foreclosure should not be allowed to go transmit at all. This involves bringing a lawsuit, getting a temporary restraining order, posting a bond, getting a introductory injunction, and finally getting a permanent injunction against the bank. The first few steps will be examined in this article.
This is almost genuinely an area of the law in which homeowners would wish to hire an attorney to narrate them or, at the very minimum, have attorneys do research to help them build their case. Unfortunately, though, foreclosure situations are one of the times in most borrowers' lives where they can least afford to hire a personal lawyer. Bringing a lawsuit initially against a bank will be an in-depth process, and doing only the first few steps may only consequent in a delay of a few weeks.
To begin the lawsuit against the mortgage company, homeowners must sue both the lender and the trustee. They must also invite that a judge stop any foreclosure proceedings until the homeowners are able to argue why they should not be allowed to go transmit at all. The first step will be to invite that the court grant the owners a Temporary Restraining Order against the lender, barring it from captivating ahead with the foreclosure.
It may be quite easy to get a Temporary Restraining Order against a mortgage company, since the basis for granting one is that the party requesting it would suffer "irreparable injury" if it was not granted. Losing a home to foreclosure is commonly proper as irreparable injury to homeowners, but this activity commonly only puts the foreclosure on hold for a duration of a consolidate weeks, at most.
However, some courts may want that homeowners post a bond for the Tro to be granted, and if the bond is prohibitively expensive, it can hurt the borrowers' chances of getting a fair hearing in court. The bond is designed to safe the bank against economic harm if the owners do not have any legitimate calculate to invite that the foreclosure be halted, and they can be costly, in some instances.
Thankfully, homeowners who have suffered a financial hardship may be able to get the bond requirement waived. Having low earnings is one convincing argument for a waiver. But borrowers will also have to show that the lender will not suffer unreasonable harm if the foreclosure is delayed, or if it can be protected some other way (like if the owners make reasonable monthly payments while the lawsuit is ongoing). Also, if the validity of the mortgage is in question, a waiver may be granted. Banks suffer no harm as a consequent of the homeowners' actions if the mortgage is not valid in the first place.
Once homeowners are granted a Tro and have their bond requirement waived by the court, the next step will be getting a introductory injunction against the bank. If this is granted, the homeowners may have already won the war, as the rest of the legal process may take any years. But the final step would be to regain a permanent injunction, which would not allow the lender to pursue foreclosure against the house.
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Divorce Lawyers - Plano Divorce Lawyer - Plano Texas Divorce Attorney Hal Davis
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Plano Divorce Lawyer - Plano Texas Divorce Attorney Hal Davis Video Clips. Duration : 1.80 Mins.Attorney present period in New Jersey Real Estate
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Good afternoon. Now, I discovered Best Divorce Lawyers In Nj - Attorney present period in New Jersey Real Estate. Which may be very helpful for me so you. Attorney present period in New Jersey Real EstateFor any of you relocating from exterior of Nj, you might be surprised by some of the real estate laws in Nj. Specifically, in New Jersey, after a "proposal" is approved by the buyer and seller, the asset moves into Attorney chronicle status. while this period of time, both the buyer and the distributor can exit the deal with no harm to either.
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While in Attorney review, the attorneys representing the respective buyer and distributor will ensure that all terms are clearly understood and approved to both parties. It will regularly last for 3 days.
Unlike many other states where the "proposal" is really a sales compact and when all signatures are received, the deal is a legal and enforceable contract, the attorney chronicle period in New Jersey was created to ensure that both the buyer and sellers' interests where represented prior to a legally enforceable compact being created.
If you put in an offer on a house in Nj, and while the attorney chronicle period you decree against the house, you get out of the "proposal" without any issues. Likewise, if you are a distributor and decree not to take an offer (maybe a great one comes in), you have the same opportunity.
Some may consider this a benefit, others may not. One thing is for sure, it offers more time and security to both the buyer and seller.
New Jersey is not a Title state (a state where a title business can execute the closing of a real estate contract), both the distributor and the buyer will need to acquire attorneys to narrate them while the deal. Attorney fees are typically around 00 in New Jersey. They can be more depending on the estimate of time and negotiation required by the attorney.
Happy house hunting!
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Good morning. Today, I learned about Family Lawyers Nj - Free social Police Records?. Which could be very helpful for me so you. Free social Police Records?It's lawful now. The Us has the highest per capita incarceration rate in the world according to a very new report from the agency of Justice. More than 2 million people were in jail at year-end 2006, an all-time high, not together with those who are on probation, parole, rehabilitation or have already served out their sentence. And that's seeing at hard crimes alone. What about other run-ins with the law where offenders are not put behind bars?
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When it comes to completeness in checking violation of law or regulation, an perfect resource is found in communal Police Records. It is distinct from Criminal Records in that it is not just about crime and conviction. Anytime you have any interaction or engagement with the police, it will likely go into your police records. Although communal police records are tasked differently from state to state, it ordinarily means all reports recorded by police, together with complaints and requests submitted by the public. This inherently implies that anyone that is not in norm or order is deemed to be under police charter. Some foremost enforcement-related features in police records are arrest, driving violations, violence, sex offenses, gangs, drugs fraud and communal disturbance. Other informative type data are also listed for example firearms permit, traffic accidents, address history, family members, lost and found, missing person, asset and so forth.
Police report checks are conducted chiefly in employment screening and volunteering assessment. However, the laws governing the use of the information derived from such checks are accurate and serious. Lawyers and experts are often required to determine the allowable and allowable application of the police report crusade results in such contexts. For one thing, consent from the field must be secured in order to open a search. While there is free time to information Act, there are also privacy rights and discrimination safety provisions.
A police report report can also be used as a 'good conduct' or 'no criminal record' certification. Such a clearance document may be required abroad for supplementary studies, child adoption, employment, residency or even sports and arts events. Local police departments are tasked with the procedure of running a crime report background check and issue the report in accordance with it. They have authority and liberty to produce the document to reflect the field in a manner they deem fit and appropriate. After all, a convenient police report report is not worth the paper it's printed on without its lawful authentication.
Police records are available free of charge but they are ordinarily scattered all over distinct states, if not counties. It can be quite onerous and time-consuming to assemble the findings too. That maybe is why paid assistance for this purpose is ordinarily opted. Charges are typically nominal and great value can be found if you know where to look.
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Hi friends. Today, I learned about Family Lawyers Nj - The New Jersey Medicaid schedule. Which could be very helpful in my opinion therefore you. The New Jersey Medicaid scheduleThe Medicaid schedule is a federal and state partnership that finances condition care services for people in need. New Jersey's Medicaid schedule provides healthcare for more than one million residents by paying for physician visits, prescriptions, home condition care and a wide range of other healthcare services.
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The Federal government establishes the general guidelines for the Medicaid schedule but each state is allowed to generate added requirements. While eligibility does depend on the state you live in, every state is also required to contribute aid to most individuals who receive federal aid.
To be eligible for Medicaid in New Jersey an private must meet these general requirements, be a resident of the state, be a U.S. people or suited alien (most immigrants who arrived after Aug 22, 1996 must wait five years to enroll in the program) and meet specific standards for financial revenue and resources. Also, they should fall into one of the following categories; families (with children up to age 18), pregnant women, children (up to age 21) or people who are aged, blind or permanently disabled.
New Jersey Medicaid recipients are classified as beyond doubt needy, medically needy or extra groups. Individuals who are grouped as beyond doubt needy are typically those with low revenue and limited resources. States use the Federal Poverty Level report and family size as a guideline for qualification. Individuals thought about medically needy have too much revenue to qualify as beyond doubt needy but have high curative care expenses. New Jersey also offers extra programs for women, children, immigrants who have experienced a curative emergency, elderly residents and individuals with disabilities.
These programs can contribute for a wide range of personal needs such as prescription drugs and varied curative supplies together with eyeglasses, dentures and prosthetics. Individuals can also receive aid for doctor/licensed practitioner visits and varied personal care services such as clinical or diagnostic services. The New Jersey Medicaid plan will even cover some home condition care needs such as bodily therapy and disability assistance.
In general, you should apply for Medicaid if you or your family members have low income, limited resources or a curative condition. To learn more about the New Jersey Medicaid schedule or to apply call 1-800-356-1561. You can also touch your local county Board of communal Services or county Welfare Agency.
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Best Divorce Lawyers In Nj - Best separation Lawyers In United States
Hi friends. Yesterday, I learned about Best Divorce Lawyers In Nj - Best separation Lawyers In United States. Which is very helpful in my experience and you. Best separation Lawyers In United StatesDivorce is an extremely traumatic process spellbinding a lot of mental strain and extended financial burden. It is a major decision that individuals should take in their life after weighing all the pros and cons. It also involves other considerable issues pertaining to the splitting of the marital connection such as child custody, child visitation rights, child support payments and the distribution of asset in the middle of the couple.
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Law is an scholastic and theoretical discipline and the success of a lawyer depends on the practical application of legal law and knowledge to solve real problems. Good lawyers are those who can do this effectively and protect the interests of their client. The best divorce lawyers are invariably those who have earned a prestige by consistently securing their client's legal ownership in various divorce cases.
In the United States, there are many reputed divorce lawyers in various towns and cities who are specialists in handling divorce cases in the jurisdiction of their respective states. The best way to resolve which divorce lawyer to use is by seeing out from old clients. Some divorce lawyers have more success at satisfying their clients than others. The best lawyers strive to help their clients through difficult emotional and legal challenges that often accompany family law issues.
For best long-term results, the best attorneys recommend patience, negotiation, and working within the system. A few familiar law firms that have earned a prestige in handling divorce cases are mentioned below. Rager and Noiroux, Llp, located in Irvine, California, are a firm of lawyers who are known to provide assertive, experienced legal representation to clients throughout Orange County and all of Southern California in a range of institution areas. They have special expertise in family law. The Law Offices of Patricia A. Hendrickson, located in Huntington Beach, California, focuses exclusively on family Law in Orange County. The law firm of Magnuson Lowell, P.S. Has been serving its clients throughout Washington, together with Seattle, Puget Sound, Bellevue, and Redmond. The above names are a few, of the many illustrious legal practitioners in the United States.
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If hired directly by an private or family, your benefits are separate from one who is hired by a hidden firm or group and governed by general employment laws: applicable federal and state statutes.
A live-in employee as opposed to a live-out employee is subject to special work rules discussed below.
A caregiver or "care custodian" is defined by Section 15610.17 of the California Welfare and Institutions Code as:
"... An administrator or an employee of...public or hidden facilities or agencies, or persons providing care or services for elders or dependent adults, together with members of the maintain staff and maintenance staff."
A "personal attendant" is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time.
In these three instances, the household employee is no longer considered a "personal attendant" and is entitled to overtime pay. Otherwise, light house holding and cooking chores qualify as work exempt from overtime compensation.
Personal Attendant As Defined In Ca Iwc Wage Order 15:
Section 2(J) of the California commercial Welfare Commission (Iwc) Wage Order No. 15-2001 defines "personal attendant" as follows:
"'Personal attendant' includes baby sitters and means any man employed by a hidden householder or by any third party owner recognized in the health care business to work in a hidden household, to supervise, feed or dress a child or man who by hypothesize of advanced age, corporeal disability, or reasoning scantness needs supervision. The status of 'personal attendant' shall apply when no vital estimate of work other than the foregoing is required."
Indeed, the California group of Labor Standards enforcement (Dlse) has historically adopted the suitable used in the federal regulations, 29 C.F.R. 552.6 on "companionship services," to wit:
"...(T)he term 'companionship services' shall mean those services which supply fellowship, care, and security for a man who, because of advanced age or corporeal or reasoning infirmity, cannot care for his or her own needs. Such services may include household work connected to the care of the aged or infirm man such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the doing of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked."
Federal regulations, 29 C.F.R 552.6, supra, further clarifies that:
"The term 'companionship services' does not include services connected to the care and security of the aged or infirm that want and are performed by trained personnel, such as registered or practical nurse."
Thus, the suitable duties of a "personal attendant" involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A "personal attendant's" duties of "supervising" would include aid in obtaining medical care, preparation meals, shopping for personal items or groceries, using a telephone, even managing money.
As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a "personal attendant," he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as "personal attendant" also excluded minimum wage in California.
This overtime payment exemption also applies to "personal attendants" as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an group and sent to hidden households to work.
Benefits Of Household Workers:
A. Minimum Wage:
The state minimum wage covers all employees, together with household workers (live-in employees, caregivers, and "personal attendants") but excluding legitimate independent contractors. The current California minimum wage is .00 per hour since January 1, 2008, a 6.7% growth over the old .50 minimum wage.
There are several factors that determine whether a man is an independent contractor or not. But the customary factor is operate by the owner of the means, manner and outcome of the job. An independent contractor runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job.
Independent contractors are not covered by minimum wage and overtime payment statutes.
B. Overtime Pay:
Household workers who are not live-in employees, as well as "personal attendants" who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their quarterly rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week.
Live-in employees must be paid one and one half times the quarterly rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid duplicate the quarterly rate for all hours worked over (9) hours per day. See California Iwc Wage Order No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).
Under federal law, 29 U.S.C. 213(a)(15), "any employee employed on a casual basis in domestic aid employment to supply babysitting services or any employee employed in domestic aid employment to supply companionship services for individuals who (because of age or infirmity) are unable to care for themselves" is granted exemptions from minimum wage and overtime pay.
C. Other Benefits Of Household Workers:
1. Hours And Days Of Work:
A live-in employee is entitled to at least twelve (12) consecutive hours free of duty while each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the employee must have at least three (3) hours free of duty while the 12 hours span of work; and (b) the employee required or permitted to work while scheduled off-duty hours or while the 12 consecutive off-duty hours must be paid one and one-half times the quarterly rate of pay for all such hours worked. See California Iwc Wage Order No. 15-2001 3(A).
Moreover, no live-in employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California Iwc Wage Order No. 15-2001 3(B).
2. Rest And Meal Periods:
Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California Iwc Wage Order No. 15-2001 12(A), and a thirty-minute meal period of every five (5) hours worked, just like others kinds of employees, under California Iwc Wage Order No. 15-2001 11(A).
Otherwise, the owner shall pay the employee one (1) hour of pay at quarterly rate for each workday that the rest period, or the meal period is not provided. See California Iwc Wage Order No. 15-2001 12(B), 11(D). But "personal attendants" are not granted rest and meal periods.
3. Meal And Housing Deductions From Wages:
The owner may subtract meal and housing credits from the employee's paycheck if: (a) the employee authentically uses the meals and is provided with housing; (b) meals and housing are used as wage to comply with the minimum wage; and (c) the employee executes a voluntary, written agreement, crediting meals and housing towards minimum wage.
Meal reputation may be deducted as follows: breakfast - .45; lunch - .35, and dinner - .50. Housing may also be credited at .75 per week for a room (.20 if shared). See California Iwc Wage Order No. 15 - 2001 10(C).
In summary, whether you are a caregiver or a "personal attendant" entitled to particular wages and benefits in California or in other states depends on whether the general household work you do exceeds 20% of your total work time.
(The Author, Roman P. Mosqueda, practices wage and hour law in California.
This record is not legal advice, and no attorney-client association is formed with the reader. For exact labor law issues, consult a competent attorney.)
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