California Governor Brown signed the California Domestic Workers’ Bill of Rights, AB 241, into law on September 26, 2013. The regulations become effective January 1, 2014.

This past year, shocking headlines of arrest, strip-search of Indian diplomat overshadow alleged mistreatment of her nanny.

Foreign diplomats and foreign staff members of the United Nations and other "Non-Governmental Organizations" associated with the UN are permitted under US law, as a courtesy, to bring their foreign domestic service workers to work in the United States. These foreign domestic service workers are employed as nannies, maids, housekeepers and senior caregivers. The US State Department imposes strict rules that the foreign diplomat must agree to, contractually, with the domestic worker that governs their employment in the United States as part of the visa application and issuance.

November is "Open Season" for benefits scrutiny and updates for many families with employer sponsored benefits packages. While the media continues to focus on the changes to the health insurance landscape, many families overlook an important benefit in their menu of choices.

Congress tackled the "Nanny Taxes" in 1995 to streamline reporting on the family's personal income tax returns* and to establish a threshold level of wages that a family has to pay before triggering 'nanny tax' obligations.

For many, the time and money associated with caring for aging relatives are nothing short of overwhelming. Financing long term care is a particular source of anxiety and stress. If you have determined that at-home care is the avenue that best suits your family, then you have probably already worried about financing this long term care plan.

Several months ago we blogged about the US Supreme Court's findings on the Defense of Marriage Act (DOMA) and how this impacts household employers or household employees in a valid same-sex marriage.

1. Job Description and Household Rules

Your first step is to do a needs assessment. The more specifically you can identify your senior’s needs – physical, medical and emotional – the better equipped you will be to define a job description for an in-home senior care professional.

The US Department of Labor on September 17, 2013 issued revised rules within the Fair Labor Standards Act (FLSA) that impact employers of senior caregivers that go into effect January 1, 2015. A key revision is the definition of what constitutes companionship care.

Why is defining 'companionship care' important?

Today, all senior caregivers who provide companionship care in the private home of an individual with disabilities or the elderly are exempt from the minimum wage and overtime protections of the FLSA, and are defined as providing “companion care services.”  The tasks and duties that constitute companionship care today are rather broad, and the rules that go into effect January 2015 significantly narrow the tasks and duties definitions.  While some privately employed companions will continue to fit the designation of companion caregivers, the new rules will not permit agency-employed caregivers to be classified as companions, period.

Agency-employed caregivers will all be covered by minimum wage and overtime FLSA protections. Agency-employed caregivers may not be classified as companions for wage and hour compliance. Only privately employed senior caregivers providing bona fide companionship care services may qualify for this exemption.

How pleased were we to read the latest article in the New York Times by economic reporter Adam Davidson, "What’s an Idea Worth?".

As more and more seniors are opting to "age in place", more families consider privately hiring senior caregivers as a way to help their loved ones stay in their homes, which are a safe and happy environment . This is uncharted territory for most people, and adult children who may have hired nannies to care for their children years ago wonder what they need to consider when hiring the senior caregiver.