Legally Nanny

Legally Nanny Legally Nanny is the leading law firm representing homecare and nanny agencies and household employers. Attorney and Founder Bob King represents clients in a wide variety of employment law matters, including drafting documents and defending litigation.
Legally Nanny provides legal and tax advice to household employers and domestic employment and homecare agencies.
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Legally Nanny® is the leading law firm providing legal and tax advice to household employers and domestic employment and homecare agencies. We assist household employers in hiring nannies, elder care providers and other employees legally; draft employment, confidentiality and severance agreements; and resolve and defend disputes involving household employees or government agencies. We also represent nanny agencies, homecare agencies, individuals and businesses in a variety of labor & employment, dispute resolution and business matters.

04/30/2020
file.lacounty.gov

Unincorporated Los Angeles County now requires employers with 500 or more employees nationally to provide supplemental paid sick leave for COVID-19. Thus, if you're a large national employer and have even one employee working in unincorporated L.A. County, this new law applies to you for your employees in unincorporated L.A. County. Here's the ordinance:http://file.lacounty.gov/SDSInter/bos/supdocs/145450.pdf

Home care agency owners: The Home Care Association of America has been actively lobbying on your behalf. Please take thi...
04/23/2020
HCAOA COVID Update Survey

Home care agency owners: The Home Care Association of America has been actively lobbying on your behalf. Please take this survey to help HCAOA frame its advocacy efforts: https://www.surveymonkey.com/r/YCMRCFC

Take this survey powered by surveymonkey.com. Create your own surveys for free.

04/22/2020

CA home care agencies: Today at 2:00 p.m. PST, the Home Care Services Bureau will be hosting a call regarding physical distancing, isolation and disinfection procedures. Call: 888-790-1898; participant passcode: 6925913

04/17/2020

A nice way to end the week. We revised some documents for a home care agency client and received this kind note in response: "I so appreciate your thoughtful review and GREAT add ons. As I read them, I said to myself, duh…. Really great catches, and appropriate language. Such a pleasure to work with you." Thanks -- comments like this always make our day, and it's our pleasure to work with you!

04/16/2020

Congratulations to the new President of the Association of Premier Nanny Agencies (APNA), Barbara Kline of White House Nannies, Inc. And a heartfelt thank you to outgoing President Ginger Swift of ABC Nannies & Domestics, Inc. for all your hard work. We are excited to continue to work with APNA!

Informative article quoting Home Care Association of America Executive Director Vicki Hoak about caregiving during the C...
04/15/2020
Home health-care workers in US at tipping point amid coronavirus outbreak

Informative article quoting Home Care Association of America Executive Director Vicki Hoak about caregiving during the COVID-19 crisis. https://www.cnbc.com/2020/04/14/home-health-care-workers-at-tipping-point-amid-coronavirus-outbreak.html

The coronavirus is putting pressure on the nation's 3.3 million home health-care workers suffering from shortages and a lack of personal protective equipment, especially in hard-hit states such as New York, New Jersey, Louisiana and Washington.

04/11/2020
wagesla.lacity.org

The City of Los Angeles published regulations concerning its COVID-19 paid sick leave ordinance passed on Tuesday. As a reminder, the ordinance applies to an employer that has either 500 or more employees within the City of Los Angeles or 2,000 or more employees within the United States. The regulations are available athttps://wagesla.lacity.org/sites/g/files/wph471/f/COVID19-SPSL-RR-20200411.pdf

BREAKING: In addition to Los Angeles, this week San Jose and San Francisco also passed their own COVID-19 paid sick leav...
04/10/2020
San Francisco Paid Sick Leave & The Coronavirus | Office of Labor Standards Enforcement

BREAKING: In addition to Los Angeles, this week San Jose and San Francisco also passed their own COVID-19 paid sick leave laws. The laws are effective immediately and expand paid sick leave beyond the federal Families First Coronavirus Relief Act. The San Jose ordinance in particular is very broad. If you have employees working in either city, you should closely review these two ordinances.

San Francisco: https://sfgov.org/olse/san-francisco-paid-sick-leave-coronavirus

San Jose: https://www.mercurynews.com/2020/04/07/no-paid-sick-leave-no-problem-san-jose-passes-emergency-policy-during-coronavirus/

OLSE Guidance - PSLO & Coronavirus Updated March 24, 2020 [[{"fid":"5964","view_mode":"default","attributes":{"class":"media-element file-default","data-delta":"2"},"fields":{"format":"default"},"link_text":"Spanish","type":"medi

04/09/2020

Such a great day with the California Chapter of the Home Care Association of America on its COVID-19 update webinar today. Thanks to all who attended -- we had so many attendees we couldn't even use the video because it would have overloaded the platform! :-) We are here for you during these challenging times and always happy to help.

04/08/2020
www.lamayor.org

BREAKING -- New Los Angeles COVID-19 paid sick leave law. If you are an employer of either (i) 500 or more employees within the City of Los Angeles; or (ii) 2,000 or more employees within the United States, you must provide up to 80 hours of paid sick leave for COVID-19 purposes as stated in the ordinance. While there are limited exceptions to this requirement, notably for home care agencies, caregivers working for non-medical home care agencies are NOT exempted. Thus, if you're a larger home care agency operating in L.A., you should carefully review these new requirements.https://www.lamayor.org/sites/g/files/wph446/f/page/file/SUPPLEMENTALPAIDSICKLEAVE.pdf

04/08/2020

Informative call with Home Care Association of America legislative representatives today. There likely will be a fourth round of federal stimulus for employees and businesses. We will keep you updated as things progress!

04/03/2020
www.cdss.ca.gov

California has issued waivers for many requirements for Home Care Organizations. It's a long, detailed list, but if you're experiencing staff shortages due to COVID-19, you should closely review these waivers to see if you can hire more quickly due to the crisis.https://www.cdss.ca.gov/Portals/9/CCLD/Pins/2020/CCLD/PIN%2020-09-CCLD.pdf

REMINDER: The Families First Coronavirus Response Act (FFCRA) goes into effect TOMORROW. Employers should review the FFC...
03/31/2020
Families First Coronavirus Response Act: Employer Paid Leave Requirements | U.S. Department of Labor

REMINDER: The Families First Coronavirus Response Act (FFCRA) goes into effect TOMORROW. Employers should review the FFCRA closely to ensure you meet all your responsibilities. https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

03/29/2020
covid19.ca.gov

We've gotten a lot of questions about whether nannies are considered "essential employees" under California's stay at home order. The answer to this question depends on whether the nanny's family employer(s) are considered essential workers. If they are, then the nanny providing childcare for the essential worker is also an essential worker and can report to work if that's what the family and nanny want. California's guidance on who is an essential worker is online athttps://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf

BREAKING NEWS: Home care is health care! In its latest FAQs, the Department of Labor clarified that caregivers can be co...
03/29/2020
Families First Coronavirus Response Act: Questions and Answers | U.S. Department of Labor

BREAKING NEWS: Home care is health care! In its latest FAQs, the Department of Labor clarified that caregivers can be considered "health care providers" under the Families First Coronavirus Response Act. This means that caregivers are EXEMPT from the law's paid sick leave and extended FMLA leave requirements. This is HUGE news for home care as it avoids a potential massive labor shortage for home care agencies. https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

The federal Department of Labor is accepting comments on the Families First Coronavirus Response Act ("FFCRA"). Home car...
03/26/2020
Check out Providing Expanded Family and Medical Leave to Employees Affected by COVID-19 "Department of Labor" Innovation Community

The federal Department of Labor is accepting comments on the Families First Coronavirus Response Act ("FFCRA"). Home care agencies, you can use this link to request that your caregivers be included under the definition of "health care providers and emergency responders" to be exempt from the requirements to provide paid sick leave and extended FMLA leave: https://ffcra.ideascale.com/a/index. Home care is health care!

Providing Expanded Family and Medical Leave to Employees Affected by COVID-19 is a place where you can submit, browse, vote and comment on ideas to make Department of Labor better. Hosted by IdeaScale.com.

The federal Department of Labor published fact sheets for employers and employees as well as a Q&A document regarding th...
03/25/2020
Families First Coronavirus Response Act: Employer Paid Leave Requirements | U.S. Department of Labor

The federal Department of Labor published fact sheets for employers and employees as well as a Q&A document regarding the Families First Coronavirus Relief Act. These useful communications explain the new paid sick leave and extended FMLA leave benefits effective April 2nd. All three documents are available online at

https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave

https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

We posted our summary of this new law previously, so please make sure you review everything before April 2nd!

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

03/23/2020
discussion.nahc.org

Home care friends: The Coronavirus relief bill does not exempt non-medical caregivers from its paid sick leave and extended FMLA requirements. Only "health care providers and emergency responders" are exempt. Please contact Labor Secretary Eugene Scalia to lobby for caregivers also to be considered exempt. Bill Dombi, President of National Association for Home Care & Hospice, published a great letter on this point: https://discussion.nahc.org/wp-content/uploads/wpforo/default_attachments/1584993309-DOL-comments-2.pdf. This matter is urgent -- please help to preserve companies' ability to continue to provide care during these challenging times.

03/20/2020

One more update -- the Coronavirus relief bill requirements we wrote about earlier today are effective on 4/2. The federal Department of Labor must publish regulations by that date. We will keep you informed when those regulations are released to help you comply with this new law.

03/19/2020

FYI -- we just sent our a home care employer email update regarding Coronavirus leave and paid sick leave requirements. If you'd like to be on our email list, please message us and we will be glad to add you!

03/19/2020

Legislative Update: President Trump signed a Coronavirus relief bill yesterday. The bill has two main components for employers relating to COVID-19, an extension of paid FMLA leave and a paid sick leave provision. Rather than write a lengthy newsletter article, we're going to break down these two issues for you here on social media. We're doing this on our own time and our own dime due to the importance of these issues for employers and employees, so all we ask is that you please re-post and share these updates if you find them useful. Here goes:

**Both of these provisions don't apply to employers with 500 or more employees. Further, employers with fewer than 50 employees are exempt if "such requirements would jeopardize the viability of the business as a going concern."**

Extended FMLA Leave: If an employee has worked for an employer for 30 or more calendar days, the employee can request leave of up to 12 weeks if the employee "is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency." Put simply, this is leave for an employee to care for his or her own child because the child can't go to school due to COVID-19. The first 10 days of this leave may be unpaid, but an employee can use paid time off if available. However, the employer can't require the employee to use paid time off. After 10 days, the employer must pay the employee 2/3 of the employee's regular rate, up to a maximum of $200 per day and $10,000 in the aggregate.

Paid Sick Leave: Employers must provide a maximum of 80 hours of paid sick leave at the employee's regular rate up to a maximum of $511 per day if the leave is for the employee's own medical condition due to COVID-19, and up to a maximum of $200 per day if the employee is caring for another person due to COVID-19.

The extended FMLA leave and paid sick leave benefits do not apply to "health care providers and emergency responders." Many people have asked us if this language exempts caregivers employed by homecare agencies. It's our opinion that such caregivers are not exempt, meaning they are eligible for extended FMLA leave and paid sick leave.

The DOL will issue clarifying regulations on these matters shortly. We understand that you will have a lot of questions on these requirements, and social media isn't best suited to discussing individual situations. Thus, we encourage you to contact us for legal advice for your specific situation. We are your law firm for homecare and nanny agencies and family employers, and we are with you in these challenging times supporting the good work you do.

03/18/2020

BREAKING: The Senate passed the corrected version of the House coronavirus relief bill. Employers of fewer than 500 employees must provide two weeks of paid sick leave paid at the employee's regular rate up to a maximum of $511 per day if the leave is for the employee's own medical condition due to COVID-19, and up to a maximum of $200 per day if the employee is caring for another person due to COVID-19. Additionally, employers of fewer than 500 employees must provide 12 weeks of job-protected FMLA leave to employees affected by COVID-19. The first ten days of this leave can be unpaid, although an employee can use available paid time off if he or she so chooses (but can't be compelled to do so). After that, the remaining leave must be paid at the employee's regular rate, up to a maximum of $200 per day. Employers with fewer than 50 employees are exempt if these requirements would jeopardize the viability of the business. We will provide more details as we analyze this bill.

03/13/2020

We're pleased to report that today we obtained final court approval on another wage and hour class action settlement for one of our homecare agency clients. These are litigious times for homecare agencies, and we are here to help!

03/12/2020

We have two new California minimum wage updates. As of 7/1/20, employers in Hayward with 26 or more employees must pay a minimum wage of $15 per hour, while employers with 25 or fewer employees must pay $14 per hour. As of 1/1/21, Half Moon Bay will require a $15 minimum wage for all covered employees. Both cities will adjust future increases based on the Consumer Price Index.

03/11/2020

On HCAOA's Legislative Committee conference call: HCAOA is still challenging the SEIU's ability to obtain caregiver contact information in California for union organization purposes. Keep up the good fight!

03/09/2020

The federal Equal Pay Act only allows a disparity in pay based on job-related factors. In a recent case, Rizo v. Yovino, the Ninth Circuit confirmed that an employee's prior compensation is not a job-related factor, and therefore cannot justify a pay disparity. Put simply, lower previous pay isn't a legitimate basis for a current pay disparity.

03/04/2020

Today we obtained three -- count 'em three! -- dismissals of Labor Commissioner claims against our client this morning. It was a great day.

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Irvine, CA
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General information

Legally Nanny Attorney and Founder Bob King graduated from Georgetown University magna cm laude. After college, he was awarded a Rotary International Fellowship and studied at the University of Lisbon in Portugal. Upon returning to the U.S., Bob worked for several years and then attended the University of Chicago Law School where he graduated with Honors. Since graduation, Bob has practiced labor & employment law in Orange County, California. In 2003, he founded Legally Nanny, the leading law firm providing legal and tax advice to household employers and domestic employment and homecare agencies. Bob represents household employers, domestic employment and homecare agencies, businesses and individuals in a wide variety of legal matters, including defending against claims and litigation from employees and charges and investigations from government agencies. Bob advises clients on hiring, evaluation, accommodation and termination matters; wage and hour issues; workplace policies, handbooks, agreements and contracts; and resolving client and business disputes. Bob served on the Board of Directors for the Home Care Association of America (HCAOA) and serves as General Counsel for the Association of Premier Nanny Agencies. Bob previously served on the Board of Directors for the International Nanny Association, and is an active member of the the California Association for Health Services at Home (CAHSAH). Bob also has served as an expert witness on calculating the costs of childcare in divorce proceedings; household employment matters dealing with nannies, caregivers and domestic employment and homecare agencies; and human resources issues. Information on this site may constitute attorney advertising. Testimonials don’t constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

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There is an article out saying only 5 percent of Nanny employers pay taxes!!! What is your opinion?
Enjoyed and learned from your presentation in Phoenix, Great Job!