AB 2536 Montanez [OPPOSE] Eliminate IWC Exemption to O/T Homecare

AB 2536 (Montanez), would eliminate the personal attendant exemption of overtime for third party employers and individuals who provide personal care services to supervise, feed and dress a person who by reason of advanced age, physical disability, or mental disability needs supervision. The end result is reduced shifts for clients and wages for workers, with more split shifts with different caregivers. Our providers pay between $9-11/hour and their employees provide companion care to seniors and disabled. This bill will result in decreased wages and hours to comply with the 8 hour/40 hour work week that just isn't feasible in a home care setting. The exemption was set up by the IWC in 1986 for a reason -to ensure that care was payrolled and above ground and that is the way we want it to remain.

Not to mention the impact on MSSP programs and regional centers who contract with vendors to provide the services. They will get less respite and personal care services from the agencies they contract and will likely reduce the hours that can be made available to the seniors or disabled child/adult and/or will deplete the budget much quicker.

This bill stands to impact our members and the seniors and disabled who receive these services, who will no longer be able to afford care under this bill. The sponsors of the bill have no data to demonstrate the impact on the provider and client community. Their stories all stem from individuals who are paid below minimum wage by individuals in the community. But, not from organized businesses who follow Wage Orders and comply with taxes, workers compensation, etc.

I would ask that you:
1) Put this on your list and examine it with an eye on how client's would be able to afford services if this is passed;
2) Oppose this bill and write a letter of opposition asking for third party employers to be excluded from this bill.

If you have any questions, call me at (916) 569-2469. Please let me know if you can oppose and contact the author's office on this bill.
On the outset, it sounds good, but the long-term impact is not the intended consequence.
Thank you,
Barbara

Barbara Biglieri
Director of Policy
California Association for Health Services at Home
3780 Rosin Court, Suite 190
Sacramento, CA 95834
(916) 641-5795 ext. 123
(916) 641-5881