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.
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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.
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.