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:
- A private living quarter,
- 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.
RELATED BLOGS
- No Employment Agreement = Not a Live-In
- Is An Employment Agreement Necessary for Your Live-ins and Their Relievers?
- Get the Wage and Hour Guide for Residential Care Facilities in California
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.
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.