Duffey v. Tender Heart Home Care AgencyAnnotate this Case
Plaintiff sued defendant Tender Heart Home Care for failure to pay overtime wages under the Domestic Worker Bill of Rights (Labor Code 1450, DWBR), which requires that domestic work employees receive overtime wages for all hours worked more than nine hours per day or 45 hours per week. The trial court granted Tender Heart summary adjudication on the DWBR cause of action, finding the undisputed facts demonstrated Plaintiff was an independent contractor rather than an employee of Tender Heart for purposes of the DWBR. The court of appeal reversed. The DWBR contains two alternative definitions of employment: (1) when the hiring entity exercises control over the wages, hours, or working conditions of a domestic worker; or (2) when a common law employment relationship has been formed. The trial court erred in exclusively applying the “common law” test to determine the issue. Under the appropriate tests, there is a dispute of fact as to whether Plaintiff was Tender Heart’s employee. The court rejected Tender Heart’s argument that the undisputed facts establish it is a non-employer employment agency.