If you employ live-ins or are exploring the benefits of live-ins, there are several types of legally classified caregivers that allow you to deduct compensable sleep time and other off-duty hours from employees who reside in your facility.
Each has its own costs and benefits, and legal requirements.
They are:
- 24-Hour Worker
- Permanent Live-in
- Extended Live-in
- Reliever
Unless you legally classify your residing employee as one of the above, you cannot legally deduct compensation for their sleep time and other off duty hours. This 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.
RELATED BLOGS
- Protect Your Care Home – Legally Classify Your Live-Ins
- 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
Download the PDF file below which contains a table that summarizes the required criteria to legally classify your caregivers as live-ins, relievers or 24-hour workers and their respective excludable compensable work hours.
Please note, this document only provides an overview. Consult with experienced labor and employment law counsel for specific guidance.
You may also purchase The Wage and Hour Guide for Residential Care Facilities which contains what you need to know and the employment agreements you need to legally classify your caregivers.
With The Guide in hand, we recommend that you attend 6Beds’ upcoming labor compliance seminar in Brea (SoCal), this coming Tuesday – November 14, 2017 – to get answers to all your related questions so that you can better tailor your labor legal needs relative to your staffing needs.
We only have a handful of seats left with over 400 already reserved. Sign up today!
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.