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Protect Your Care Home — Legally Classify Your Live-Ins

by Ferdinand Ebio

Legally classifying your live-ins will legitimize the 30% to 60% (or more) savings from your actual labor costs.

On the other hand, failure to do so can lead to hundreds of thousands of owed back wages and penalties because you are NOT able to legally deduct both sleep time and other off-duty hours.

From our last blog, we discussed the requirement of an employment agreement as one of the criteria to classify your employees as live-ins. There are two others:

  1. A private living quarter,
  2. An appropriate workweek schedule relative to their role as a permanent/extended live-in, reliever or 24-hour worker that is substantiated by documentation of their actual hours worked via a timesheet.

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Each of the criteria above are nuanced with more details relative to your employee’s role (eg permanent/extended live-in, reliever or 24-hour worker) that your employment agreement must define and that must be agreed upon by both you and your employee.

Only by fulfilling all three criteria above can you legally classify your employee as a live-in, reliever or 24-hour worker and thereby legally deduct sleeptime and/or other off duty hours.

Each employee role comes with its own costs and benefits, relative to their respective number of required work hours per day/week and what you can legally deduct — meal times, sleep time, and/or off-duty hours.

Sufficed to say, the labor laws regulating care homes are complex and their implementation equally vexing without proper legal guidance.

On Nov 14, 6Beds will host a FREE labor compliance seminar at the Brea Community Center in Brea (SoCal).


DATE: November 14, 2017
TIME: 8 AM – 4 PM
LOCATION:
Brea Community Center
695 Madison Way
Brea, CA 92821 (SoCal)

A complimentary, catered lunch will be served.

Click to RESERVE SEATS


Field representatives from the Department of Labor (federal), Division of Labor Standards and Enforcement (state) and attorneys from Littler Law Firm will unpack the labor laws you must comply with to legally classify your employees as a live-in, reliever or 24-hour worker.

Join us for this must-attend seminar, whether you are new or are thinking about joining the industry or a seasoned veteran. There is something for everyone to learn.

Space is limited. Please reserve your seats today.


*Please note, contents of this blog are not intended to be legal advice.

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No Employment Agreement = Not a Live-In

Without an employment agreement between you and your live-in, any employee who stays in your facility for more than 24 hours is NOT classified as a live-in.

With the exception of mealtimes (during which, your employees must be allowed to leave the premises), you must pay your workers for ALL the hours they reside in your facility, including all sleep time. Sufficed to say, this can be quite costly, especially when you factor in overtime hours on a daily and weekly basis.

RELATED BLOGS



Having the appropriate agreement between you and your employee is one of the three requirements that allows you to classify him or her as a live-in or as a reliever, thereby allow you to exclude payment for sleep time and other off duty hours. For those who employ live-ins, this will legitimize the 30% to 60% (or more) savings from your actual labor costs.

Failure to classify your employee as a live-in or as a reliever can potentially lead to hundreds of thousands of dollars in owed back wages, liquidated damages, and penalties in the face of an audit or class-action lawsuit because you are not able to legally deduct both sleep time and other off-duty time.

For those exploring the benefits of employing live-ins in place of your 3, 8-hour shift system, you can dramatically lower your labor costs by at least 30% or more, while maintain your facility’s regulatory compliance.

The labor laws for residential care homes are complex. Understanding them thoroughly will empower you to staff your facility to maximize care while minimizing labor costs.

On Nov 14, 6Beds will host a FREE labor compliance seminar at the Brea Community Center in Brea (SoCal).


DATE: November 14, 2017
TIME: 8 AM – 4 PM
LOCATION:
Brea Community Center
695 Madison Way
Brea, CA 92821 (SoCal)

A complimentary, catered lunch will be served.

Click to RESERVE SEATS


Field representatives from the Department of Labor (federal), Division of Labor Standards and Enforcement (state) and attorneys from Littler Law Firm will unpack the labor laws you must comply with and how to do it legally.

A group of 6Beds leaders — with over 100 years of combined experience in the residential care industry — will also host a FREE Q & A Clinic to help you streamline your business process, navigate through compliance regulations and ultimately safeguard your bottom line.

A representative from CreativeTime Solutions will present biometric timesheet solutions to help you calculate, and organize your employees’ time and attendance data in real-time.

A representative from Perlas Insurance will also cover best practices in worker compensation.

Join us for this must-attend seminar, whether you are new or are thinking about joining the industry or a seasoned veteran. There is something for everyone to learn.


*Please note, contents of this blog are not intended to be legal advice.

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Your Help is Greatly Needed: Sonoma/Napa Fires DSS Emergency Resident Placements

Sign Up for DSS Emergency Resident Placement!

With DSS inundated with emergency resident placements — if you have availability — 6Beds requests that you provide your facility availability and contact information by clicking on the link below:

CLICK HERE TO SIGN UP for DSS EMERGENCY RESIDENT PLACEMENT

or by contacting the following 6Beds leaders:

  • Dorie Paniza
    6Beds NorCal President
    MOBILE: (650) 799-5722
    EMAIL: dodorie2000@yahoo.com
  • Angie Marinda
    6Beds Executive Secretary
    MOBILE: (650) 219-2421
    EMAIL: ang3816.am@gmail.com

We will forward your information directly to DSS personnel who will then contact you.

With thousands more displaced by the Sonoma and Napa fires, affected residents are in dire need of shelters.

DSS has reached out to 6Beds in search of facilities that are able to shelter affected residents. DSS is also willing to grant provisional licenses.

As care home owners, we are in a unique position to provide meaningful help to those affected by these devastating fires. Let us show DSS and all of California the importance and significance of our collective services and contributions to our communities in this moment of calamity.

Events, Wage and Hour

Nov 14 – Joint DOL, DLSE & Littler Labor Compliance Seminar for ARFs & RCFEs

20171114 6Beds Labor Compliance Seminar

Representatives from the Department of Labor (DOL), Division of Labor Standards Enforcement (DLSE) and Littler Law Firm will unpack the labor laws you need to comply with and how do it legally.

Have your pressing questions answered directly by federal and state labor field representatives along with attorneys from Littler, author of the number one compliance guide for residential care homes, The Wage and Hour Guide for Residential Care Facilities (The Guide).

This is a must-attend seminar for many of us struggling to understand and legally comply with the complex labor laws, especially those that pertain to live-ins.

This seminar will focus solely on labor compliance.

For those who attended last August’s conference, this seminar will build upon what you have already learned. You will learn how to comply with the complex federal and state labor laws as they pertain to residential care homes, with emphasis on how to legally classify your employees as live-ins.

This seminar is also a refresher and update for some who are already familiar with labor compliance. For those who have The Guide and do not fully comprehend its tenets or are unsure of how to implement them, Littler attorneys will be on-hand to answer your questions.

Additional speakers from Perlas Insurance and biometric time and attendance will cover worker compensation and biometric time sheets, respectively—key components of labor compliance.

A question and answer panel comprised of all the guest speakers will help give you cross-agency answers to all your pertinent questions, arming you with the tools you need to stay compliant.

A complimentary catered lunch will be provided so that we can all stay onsite and get the most out of the conference. 

This day will go fast! Make sure to bring your colleagues and your questions.


DATE: November 14, 2017
TIME: 8 AM – 4 PM
LOCATION: Brea Community Center
695 Madison Way
Brea, CA 92821 (SoCal)


Click to RESERVE SEATS