How To Write A 2 Week Notice For

Tuesday, September 7, 2021

Many New York families administer calm workers –individuals who affliction for a child, serve as a accompaniment for a sick, convalescing or aged person, or accommodate housekeeping or any added calm service. They may be blind of federal and New York requirements that acceding those calm workers minimum allowance for all hours worked, paid meal breaks, and overtime compensation.

In addition, New York imposes specific requirements on administration apropos antecedent pay notices, pay frequency, and pay statements that additionally administer to bodies who administer calm workers.

To abstain careless allowance and hour violations, it is important that bodies who administer calm workers in New York accept the accordant laws apropos calm workers and access what abounding understandably accede a claimed accord as a formal, business one for allowance and hour purposes.

At the federal level, the Fair Labor Standards Act (“FLSA”) covers bodies active in calm account in clandestine homes.

At the accompaniment law level, two allowance and hour laws administer to calm workers in New York: (i) the Calm Workers’ Bill of Rights (“DWBR”) and (ii) the New York Labor Law.

Although not broadly publicized, the DWBR has been in aftereffect back November 29, 2010 and covers all calm workers – behindhand of their clearing cachet – except for two categories: (a) those active on a “casual basis,” “such as those who occasionally babysit or who do added domiciliary casework for a bound bulk of time,” and (b) caregivers accompanying to the employer by blood, alliance or adoption, and those who accommodate accompaniment casework and are active by accession alfresco the family, such as a third-party agency. See DWBR Facts for Employers and DWBR Actuality Sheet.

Under both federal and New York law, calm workers charge be paid at atomic the minimum allowance for all non-overtime hours (currently, $15 per hour in New York City, $14 per hour in Continued Island and Westchester, and $12.50 in the butt of the state).

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However, beneath the DWBR, the breadth of the workweek for overtime adding purposes varies based on whether the calm artisan “lives in” the employer’s home – a residential calm worker. For non-residential calm workers, the workweek is the aforementioned as federal law: 40 hours a week, acceptation that the overtime pay claim is triggered afterwards 40 hours. For residential calm workers, however, the workweek is 44 hours a week, acceptation that the overtime pay requirements is triggered alone afterwards 44 hours.

Notably, beneath the DWBR, if an employer gives a calm artisan commons and/or lodging, the employer may be accepted a specific acclaim against the minimum allowance paid to the worker, admitting the bulk of nor adding for such acclaim is not included in the DWBR actuality area for employers (“Employer Actuality Sheet”) or added accompanying materials. Instead, the Employer Actuality Area advises administration to alarm 1-888-5-LABOR for added information.

Under the DWBR, calm workers who assignment a about-face of added than 6 hours on any day are advantaged to at atomic 30 account chargeless from assignment for a meal period. The DWBR does not proscribe back this meal breach charge be provided or taken. The meal aeon does not charge to be paid.

While not required, if an employer chooses to accord an agent abbreviate (10 to 15 minute) breaks, constant with the FLSA, such breach are advised time formed and cannot be deducted from a calm worker’s pay.

While the FLSA does not crave acquittal for time not worked, such as vacations, the DWBR requires administration to accommodate calm workers with at atomic three paid days off afterwards one year of work. For anniversary day of paid blow the agent charge be paid at their approved amount of pay for the

average cardinal of hours they assignment on a accustomed workday. Allotment time workers accept one day of paid blow for working, on average, beneath than 20 hours per anniversary for an employer over the aftermost year, two canicule of paid blow for alive an boilerplate of 20 but beneath than 30 hours per week, and three canicule of paid blow for alive 30 or added hours per week. If an employer provides a calm artisan with three canicule of paid leave, behindhand of the blazon of leave it is (e.g., ailing leave, vacation leave), the employer’s obligation beneath the law is met. See DWBR FAQs at p. 3.

In addition, beneath the DWBR, calm workers added than those active by an bureau to accommodate “companionship services,” such as caring for an aged person, charge accept one day (24 hours) of blow per anniversary aloft a mutually acceptable day, alluringly on the employee’s day of worship. If the calm artisan agrees to assignment on his/her blow day, the artisan charge accept overtime pay. See DWBR Agent Actuality Sheet.

In New York, unless calm workers are active by an bureau to accommodate “companionship services, they charge be paid overtime. See DWBR Agent Actuality Sheet. Specifically, administration charge pay in-scope calm workers overtime at 1 1/2 times the employee’s “basic rate” afterwards 40 hours of assignment in a agenda anniversary for non-residential calm workers and afterwards 44 hours of assignment in a anniversary for residential calm workers.

In contrast, beneath federal law, calm account workers who abide in the employer’s home and are active by an individual, ancestors or domiciliary are absolved from overtime.

Unhelpfully, the DWBR does not accommodate any advice on the byword “lives in [the employer’s] home.” To the admeasurement that the federal accepted is relevant, beneath the FLSA, to be a chambermaid calm worker, the artisan charge abide on the employer’s bounds either “permanently” or for “extended periods of time.” A artisan resides on the employer’s bounds assuredly “when he or she lives, works, and sleeps on the employer’s bounds seven canicule per anniversary and accordingly has no home of his or her own added than the one provided by the employer beneath the appliance agreement.” “A artisan resides on the employer’s bounds for an continued aeon of time back he or she lives, works and sleeps on the employer’s bounds for bristles canicule a anniversary (120 hours or more). If a calm artisan spends beneath than 120 hours per anniversary alive and sleeping on the employer’s premises, but spends bristles afterwards canicule or nights residing on the premises, this additionally constitutes an continued aeon of time.” See U.S. Department of Labor, Allowance and Hour Division Actuality Area #79B (September 2013).

Under both federal and New York law, administration alone charge to pay calm workers for hours worked. While this abstraction seems straightforward, its appliance can be challenging, decidedly back a calm artisan is a live-in. The U.S. Department of Labor advises that “[w]hen a chambermaid artisan engages in archetypal clandestine pursuits such as eating, sleeping, entertaining, and added periods of complete abandon from all duties, he or she does not accept to be paid for that time.” See U.S. DOL Actuality Area #79B. Put hardly differently, “domestic account advisers (including chambermaid employees) who accept been absolutely adequate from assignment and are able to use the time for their own purposes—to go to a movie, run a claimed errand, appear a parent-teacher conference— charge not be paid for this time.” Id.

Similarly, the New York Minimum Allowance Order for Miscellaneous Industries states, “a residential agent – one who lives on the bounds of the employer – shall not be accounted to be acceptable to assignment or adapted to be accessible for work: (1) during his or her accustomed sleeping hours alone because he is adapted to be on alarm during such hours; or (2) at any added time back he or she is chargeless to leave the abode of employment.” 12 NYCRR § 142-2.1(b). A New York Accompaniment Department of Labor Opinion Letter from 2010 (after the DWBR was in effect) confirms that “[w]ages charge not be paid to your assistant during her accustomed sleeping hours” and added indicates that acquittal of accomplishment is not adapted during periods back the assistant is “free to leave.” See Opinion Letter RO-10-0075. The letter additionally states (rather obviously) that a calm artisan confined as a assistant is not chargeless to leave back a child’s parents are absent from the residence.

With account to beddy-bye time, beneath the FLSA, an employer can exclude up to 8 hours a night as beddy-bye time for “permanent” chambermaid calm workers “as continued as the agent is paid for some added hours during the workweek.” For non-permanent calm workers who abide with an employer for “extended periods of time,” an employer can exclude up to 8 hours a night “as continued as the agent is paid for at atomic 8 hours during the 24-hour period.” In both cases, the predicates for excluding beddy-bye time from hours formed are (i) a reasonable acceding to exclude beddy-bye and (ii) clandestine abode for the employee. See DOL Actuality Area #79D. The afterward limitations apply: (i) any abeyance to beddy-bye time charge be paid and (ii) an agent charge get reasonable periods of ceaseless beddy-bye accretion at atomic bristles hours contrarily no beddy-bye time can be excluded.

Under the DWBR, administration charge pay calm workers each week, either in banknote or by check.

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Under New York Accompaniment Allowance Theft Prevention Act, administration charge accommodate calm workers with a accounting apprehension that lists the approved and overtime ante of pay, how generally the agent is paid, the approved payday, the official name of the employer, the employer’s abode and buzz number, and allowances taken as allotment of the minimum allowance (meal and abode deductions).

The apprehension charge be accustomed in English and in the employee’s primary language.

The employer can use its own apprehension as continued as it is adjustable or one of the New York Accompaniment Department of Labor’s sample forms.

Per the DWBR, anniversary week, the calm artisan charge accept a accounting account that shows (i) the cardinal of hours worked; (ii) gross pay (total afore deductions); and (iii) any deductions for taxes or added money taken out of the calm worker’s pay.

Domestic workers charge accede in autograph to any deductions from their pay. An employer can alone booty deductions accustomed by law. Calm workers cannot be answerable for breakage, supplies, and equipment.

Employers should affirm that their calm artisan arrange are absolutely adjustable with New York accompaniment law – that is, that they atone their calm workers for all hours formed at the applicative minimum allowance on a account base with a adjustable allowance statement, accurately account overtime pay, accommodate adapted paid/unpaid meal, blow periods, and canicule off, and accommodate a apprehension of pay amount if not already supplied aloft hire.

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