Wage and Hour

Is An Employment Agreement Necessary for Your Live-ins and Their Relievers?

While you may be compensating your live-ins and relievers with hourly and overtime pay, provide them with their own living quarters, provide an appropriate workweek schedule and use a timesheet, they are still regarded as 24-hour workers without an appropriate employment agreement. 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 because you are not able to legally deduct both sleep time and other off-duty time.

Having the appropriate employment agreement between you and your caregiver, allows you to legally classify them as live-ins or relievers based on a work schedule criteria and a work environment criteria, thereby allowing you to take advantage of deductions of both sleep time and other off-duty time.

To help care home owners comply with complex state and federal labor laws, 6Beds has co-authored with Littler Mendelson Law Firm, The Wage and Hour Guide for Residential Care Facilities (The Guide). The first and only one of its kind, The Guide outlines both federal and state laws that pertain to employing and compensating live-in caregivers and their respective relievers. Most importantly, it contains employment agreements for both live-ins and their relievers, a sample timesheet for documenting hours worked, and also comprehensively covers the work schedule criteria and work environment criteria that must be met in order for your employees to be properly classified as live-in employees.

Wage and Hour Guide

Join us on August 18th in Buena Park (SoCal) for 6Beds’ 2017 ARF and RCFE Annual Conference, where an attorney from Littler Mendelson Law Firm will provide an overview of the labor laws pertinent to our industry and how to comply by using The Guide. Representatives from DOL will also be present to answer your pertinent questions.

2017 ARF & RCFE Annual Conference

Events

Aug 18, 2017: Earn 3 FREE CEUs and More!

2017 ARF & RCFE ANNUAL CONFERENCE

FRIDAY,
AUGUST 18TH 2017

8 AM – 4 PM

FREE ADMISSION

Earn 3 FREE CEUs!
Risk Management & Dispute Resolution (2 CEUs)
by Dave Wertzberger
Sierra Professional Insurance Services
Medication Management in Care Transition (1 CEU)
by William Fobi
Fobi Comprehensive Pharmacy, Inc.

How to Legally & Correctly Employ Live-ins
Learn how the Wage and Hour Guide for Residential Care Facilities — with its industry-specific employment agreements — can help you legally and correctly employ live-ins and their relievers, saving you thousands in hourly labor costs.

Special Guest Speakers

Department of Social Services
Department of Developmental Services
Orange County Regional Center
Department of Labor

Get Your Pressing Questions Answered!
Pick the brains of our guest speakers and 6Beds officers to help you better understand and effectively navigate the laws and regulations that govern our industry.

ARF & RCFE FREE Clinic
Have your pressing questions about regulatory compliance, labor issues, timesheets, staffing, insurance, operations, etc. answered by seasoned 6Beds officers/providers.

Connect with Vendors
Receive relevant industry-related professional advice, get the latest industry scoop and receive potential huge savings from our vendor sponsors.

Network with Colleagues
Connect with your fellow operators, both near and far, share ideas and learn from one another how to survive and prosper in our industry.

Complimentary Lunch
Because we ALL deserve a free lunch, from the hard work we do and the care we provide to our communities!

Introducing 6Beds Foundation, Inc.
Learn how to increase your earning potential by partnering your care homes or vacant properties through this innovative community residential care service, founded and supported by our industry’s leading operators.

LOCATION (SoCal)

Ehlers Event Center
Heritage Hall
8150 Knott Ave
Buena Park, CA 90620

While this event is FREE, please reserve your seats as space is limited.

CLICK to RESERVE SEATS


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Why You May NOT Be Legally Compensating Your Live-ins and Their Relievers

While providing significant advantage, live-ins require a special set of rules that care home owners must adhere to if they are to legally and correctly compensate live-ins along with their respective relievers.

Not all caregivers that stay overnight in your facility are considered live-ins. You must be able to 1) meet a work schedule criteria, 2) meet a work environment criteria, 3) have the appropriate employment agreement and 4) document hours worked via a timesheet in order to legally qualify your caregivers as live-ins and thereby take advantage of being able to deduct both sleep time and other off-duty time.

Not following these rules may deem your “live-ins” as 24-hour workers instead of live-ins, which 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, especially if your “live-ins” were compensated either through a monthly salary or daily rate. We know all too well the sad stories of our fallen colleagues.

Since the inception of California’s residential care homes decades ago, live-in caregivers have offered the core services in care homes. Their unique role as resident employees provide significant advantage over live-out employees, in terms of consistent, quality care in a cost efficient manner. Live-ins are as vital to care homes today as they were back then.

Unfortunately, while fearing the increasing number of random audits in 2014, many care home owners have begun to switch to live-outs over live-ins. While doable for high-rent care homes, many with marginal income are unnecessarily losing thousands in potential net revenue — forcing many to close their care homes. In effect, live-ins have recently become stigmatized.

This need not be!

In some cases, care home owners do employ their live-ins the “correct way”, but due to the technicalities and specifics of the labor laws, we strongly encourage that care home owners evaluate the legality of their compensation procedures for live-ins. It’s never too late to do this, which demonstrates to the labor departments (federal and state) a care home owner’s good-faith effort to reform their employment practices.

For those who have switched to live-outs or do not employ live-ins, you can potentially earn more by legally and correctly employing live-ins. It requires greater understanding and proper implementation of the labor laws, but it could also mean the difference between greater profitability and facility closure.

To help care home owners, 6Beds has co-authored with Littler Mendelson Law Firm, The Wage and Hour Guide for Residential Care Facilities (The Guide).

Title-Page

The first and only one of its kind, The Guide outlines both federal and state laws that pertain to employing and compensating live-in caregivers and their respective relievers. Most importantly, it contains employment agreements/contracts for both live-ins and their relievers, a sample timesheet for documenting hours worked, and also comprehensively covers the work schedule criteria and work environment criteria that must be meet in order for your employees to be properly classified as live-in employees, thereby allowing employers to take advantage of deductions of both sleep time and other off-duty time.

Interested in learning more?

Join us on August 18th in Buena Park (SoCal) for 6Beds’ 2017 ARF and RCFE Annual Conference, where an attorney from Littler Mendelson Law Firm will provide an overview of the labor laws pertinent to our industry and how to comply by using The Guide.

2017 ARF & RCFE Conference

The conference is FREE to all ARF and RCFE operators.

Click here to learn more about the conference.

Click here to reserve your seats.

OR

Click here to learn more about The Guide.

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CALL TO ACTION: Ask your Senator to vote “NO” to AB 859

Dear Colleagues,

This notice requires your immediate attention this morning (July 18, 2017).

If you reside in the the greater San Fernando Valley, Los Angeles and operate a residential care facility, please ask your Senators Hertzberg (Van Nuys) and Stern (Agoura Hills) to say “No” to Assembly Bill (AB) 859.

This bill is being heard early this afternoon (1:30 PM), July 18, 2017.

AB 859 would take discretion away from judges and lower the long-standing standard of proof for obtaining enhanced remedies under California’s elder abuse law, under certain circumstances. This bill would add new incentives and tactics for attorneys to include claims of elder abuse in every complaint and pursue numerous spoliation motions in order to skirt the Medical Injury Compensation Reform Act (MICRA), and secure attorney fees, costs and uncapped punitive damages.

In effect, AB 859 will lead to litigation that is not available today, and the cost of defending one lawsuit could put a small 6-bed facility out of business.

6Beds is part of a coalition of organizations (CALA, CAHF, Leading Age California, CAPG, The Doctors Company, and others (click to download letter to The Honorable Hannah-Beth Jackson)) that opposes AB 859.

However, we need your direct support to ask Senators Herzberg and Stern to say “NO” to AB 859.

Please call your respective senator this morning and let him know the following:

Sen. Hertzberg: (916) 651-4018
Sen. Stern: (916) 651-4027

I am a constituent of Senator [Hertzberg/Stern] and am calling to express my opposition to AB 859. This bill would take discretion away from judges and lower the long-standing standard of proof for obtaining enhanced remedies under California’s elder abuse law, under certain circumstances.

I urge Senator [Hertzberg/Stern] to vote “NO” on AB 859.

Thank you for your continued support to protect and advance our residential care communities.

Sincerely,

Gina Wasdyke
6Beds Founder and Director
RCFE & ARF Operator

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What does 6Beds do for the ARFs and RCFEs that others can’t?

2017 is shaping up to be another landmark year for 6Beds and its members.

We are more than half way through 2017 and 6Beds has taken the next leap in its mission to advocate for owners of residential care homes in California by sponsoring its very first bill since its inception, AB 1437: Modernizing Regulations. Co-authored by both Assemblyman Patterson and Senator Scott Weiner, AB 1437 will amend the following health and safety codes:

  • Health and Safety Code Section 1569.23 would be changed to allow licensees to forgo an additional Initial Certification Training Program (ICTP) if they are a current licensed administrator who has kept up with their continuing education requirements when adding a new care home later than five years since the licensee last completed an ICTP.
  • Health and Safety Code Section 1569.17 would be changed so that a licensee is not required to transfer criminal clearance when an employee of the licensee moves to another of the licensee’s facilities.

On April 19 of this year, 6Beds held its third annual advocacy day to support and introduce AB 1437 as well as unveil new and exciting opportunities in residential care. Guest speakers Senator Scott Wiener, Assembly Member Rob Bonta, Senator Joel Anderson and Assembly Member Jim Patterson were all present and expressed their support for 6Beds and its trailblazing efforts to advance the residential care community.

6Beds Advocacy Day, April 19, 2017:  Guest speakers Senator Scott Wiener, Assemblyman Rob Bonta, Senator Joel Anderson and Assemblyman Jim Patterson, along with 6Beds lobbyists, directors, and officers.

Each of these politicians recognized and lauded 6Beds for being the only bonafide organization recognized by the DDS, DSS, DOL and DLSE (State labor), representing the economic and political interests of California’s residential care industry. They acknowledged that with the much anticipated exponential growth of our industry worldwide, 6Beds’ political advocacy role will become more vital with each passing year. In effect, 6Beds will help transform tomorrow’s residential care industry with its strong political presence today, backed by the solidarity and passion of its members and constituents to serve California’s elderly, developmentally disabled and mentally ill.

That being said, below is a timeline of 6Beds’ 2017 advocacy efforts, by its officers and lobbyists, to advance our industry:

  • 01/11/17 – Meeting with Assembly Member Calderon staff regarding bill introduction
  • 02/01/17 – Meeting with Senator Wiener on bill introduction
  • 02/11/17 – Attended DSS stakeholder meeting
  • 02/18/17 – Meeting with Assembly Member Patterson staff on bill introduction
  • 03/20/17 – Meeting with Assembly Human Services Committee staff on AB 1437
  • 04/03/17 – Meeting with Shelton Dent at DDS on housing issue
  • 04/04/17 – Attend hearing on AB 1437
  • 04/11/17 – Meetings with Aging Committee staff on AB 1437
  • 04/17/17 – Assembly Human Services Committee
  • 04/18/17 – Testify at hearing on SB 648 (referral agency bill)
  • 04/19/17 – 6Beds Advocacy Day at the Capitol
    SPEAKERS:
  • 04/19/17 – Meeting with DHS on Assisted Living Waiver
  • 04/19/17 – Testified in opposition to SB 648 (referral agency bill) – opposed unless amended
  • 04/26/17 – Testified in opposition to SB 648 (referral agency bill) – opposed unless amended
  • 04/27/17 – Testified on AB 1437 (6Beds sponsored bill) in Assembly Aging and Long Term Care Committee 4/27
  • 05/02/17 – Attended DSS Stakeholder/provider meeting
  • 05/08/17 – Meeting with Mendoza staff on SB 648
  • 01/17/17 – 6/20/17   Successfully lobbied to have onerous language removed from SB 219
  • 06/20/17 – Testified in Support of SB 219 – Senator Wiener’s RCFE anti-discrimination bill

Upcoming milestone events:

Not yet a member of 6Beds?

Before 6Beds came to be, what organization or individual do you think had the (1) conviction, (2) political clout, (3) depth of leadership and resources, (4) collective support of the residential care communities, (5) respect of community leaders and institutions, (6) a mutually respectful, collaborative and legitimized relationship with DDS, DSS, DOL and DLSE, and (7) the intrinsic interest to advocate with such magnitude and ferocity for the residential care communities?

The answer is, none and no-one.

If you are an ARF and/or RCFE operator and base your livelihood on the residential care industry, it would be to your utmost advantage to help preserve and grow this organization, whether by becoming a paying member, volunteering your time and expertise or both. 6Beds is a non-profit, 501c political advocacy organization, lead by volunteer care home owners and aided by contracted professionals (eg lobbyists, accountant, IT, lawyers, etc.) to advocate fiercely for the residential care industry.

CLICK TO JOIN

Or

CLICK TO RENEW MEMBERSHIP

Click here to learn more about 6Beds’ critical impact on California’s residential care industry.

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ATTEND: 2017 ARF & RCFE AWARDS NIGHT GALA

2017 ARF & RCFE AWARDS NIGHT GALA

SATURDAY,
AUGUST 19TH 2017

Special Guest Speakers

Senator Scott Wiener
Assemblymember Rob Bonta
Assemblymember Jim Patterson

Join us for an evening of awards, networking, music, dinner and dance!

Long Beach Marriott
Grand Ballroom
4700 Airport Plaza Drive
Long Beach, CA 90815

Reception & Networking – 5:30 PM
Guest Speakers – 6:30 PM
Awards Presentation – 7:00 PM
Dinner & Dance – 7:30 PM

CHOICE OF ENTREE
Steak, Chicken, or Salmon
ATTIRE
Semi-Formal

Donations $65/person

TO PURCHASE TICKETS,
PLEASE CONTACT EVENT COORDINATOR BY AUGUST 11TH

Ines Otbo  •  562.842.7539  •  otbo1956@aol.com


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ATTEND: 2017 ARF & RCFE ANNUAL CONFERENCE, August 18, 2017

2017 ARF & RCFE ANNUAL CONFERENCE

FRIDAY,
AUGUST 18TH 2017

8 AM – 4 PM

FREE ADMISSION

Special Guest Speakers

Department of Social Services
Department of Developmental Services
Department of Labor
Division of Labor Standards Enforcement
Littler Mendelson Labor Law Firm

Earn 3 FREE CEUs!

Learn About the Wage and Hour Guide For Residential Care Facilities
Learn how the Wage and Hour Guide — with its iron clad employment agreements — can help you legally and correctly employ live-ins and their relievers, saving you thousands in hourly labor costs.

Introducing 6Beds Foundation, Inc.
Learn how to increase your earning potential by partnering your care homes or vacant properties through this innovative community residential care service, founded and supported by our industry’s leading operators.

Get Your Pressing Questions Answered!
Pick the brains of our guest speakers and 6Beds officers to help you better understand and effectively navigate the laws and regulations that govern our industry.

Connect with Vendors
Receive relevant industry-related professional advice, get the latest industry scoop and receive potential huge savings from our vendor sponsors.

Network with Colleagues
Connect with your fellow operators, both near and far, share ideas and learn from one another how to survive and prosper in our industry.

Complimentary Lunch
Because we ALL deserve a free lunch, from the hard work we do and the care we provide to our communities!

LOCATION

Ehlers Event Center
Heritage Hall
8150 Knott AveBuena Park, CA 90620

While this event is FREE, please reserve your seats as space is limited.

CLICK to RESERVE SEATS



2016 ARF & RCFE ANNUAL CONFERENCE PHOTOS
Jefferson Union High School District,
Daly City
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Apr 19 Attend 6Beds Advocacy Day Final Reminder

Join 6Beds Unveil New and Exciting Opportunities in Residential Care While Sponsoring its First Bill:

AB 1437 – Modernizing Regulations
CLICK TO DOWNLOAD BILL

By Assemblyman Patterson & Principal Co-Author Senator Scott Wiener

  • · Health and Safety Code Section 1569.23 would be changed to allow licensees to forgo an additional Initial Certification Training Program (ICTP) if they are a current licensed administrator who has kept up with their continuing education requirements when adding a new care home later than five years since the licensee last completed an ICTP.
  • · Health and Safety Code Section 1569.17 would be changed so that a licensee is not required to transfer criminal clearance when an employee of the licensee moves to another of the licensee’s facilities.

SCHEDULE

10:00 AM – 6Beds Leaders

GUEST SPEAKERS

10:30 AM – Senator Scott Wiener (D)
(San Francisco and parts of San Mateo)
10:45 AM – Assembly Member Rob Bonta (D)
(Oakland, Alameda and San Leandro)
11:00 AM – Senator Joel Anderson (R)
(El Cajon, Escondido, San Diego and San Marcos)
11:15 AM – Assembly Member Jim Patterson (R)
(Fresno and Tulare)

12:00 PM – 1:00 PM

· Complimentary Lunch, Vendor Connect Networking, Live Music
· Unveiling of 6Beds Foundation
6Beds Foundation is a non-profit organization that will create housing and support to Californians with disabilities.

1:00 PM – 2:00 PM

· Latest Trends and Opportunities in Residential Care Industry
Learn about 6Beds’ opportunity-filled solution for the housing shortage facing Californians with disabilities (mental illness, developmental disabilities and low income, frail elderly)!

CLICK TO DOWNLOAD PROGRAM

Major Event Sponsor by: VITAS Healthcare

Available Bus Ride to the Capitol
DALY CITY
Pick-up Starts at 6:45 AM, alongside Serramonte Blvd, across from Macy’s and Firestone.

VALLEJO
From Daly City, bus proceeds to Safeway on Admiral Callagan Lane.

CLICK FOR MORE INFO

  • facebook.com/6beds
  • advocate@6beds.org
  • (916) 597 – 0388
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Apr 19 6Beds to Unveil 6Beds Foundation, Inc.!

Dear Colleagues,

6Beds Founder, Gina Wasdyke, will unveil 6Beds Foundation, Inc., during 6Beds’ Advocacy Day this coming April 19 at the State Capitol.

6Beds Foundation, Inc.

This newly minted Foundation — an organization independent from 6Beds — will create housing and support for Californians with disabilities. To achieve its mission, the Foundation will look for and obtain funding from both Federal and State agencies, and then partner with qualified providers across California to develop and implement these projects.

Join us to get a first look and talk directly with its founder, Gina Wasdyke, about how you can participate and take advantage of this new opportunity-filled program that ranges from developing housing or providing wrap around support, or a combination of both. The Foundation will serve low income, frail elderly, and individuals with mental illness who are homeless or at risk of becoming homeless. The Foundation will develop licensed homes, day programs for all ages — children, adults and elderly with developmental disabilities.

This is a first for our industry! Be among the first to take advantage of it.

To learn more about 6Beds Foundation, please visit:

www.6BedsFoundation.org

For information about 6Beds’ April 19, Advocacy Day, please visit:

www.6Beds.org

Sincerely,

Gina Wasdyke

 

 

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Apr 19 Advocacy Day Bus Ride and More!

Dear Colleagues,

BREAKING NEWS FROM ANGIE

Let us all once again get together for our Advocacy Day on April 19, 2017 at the State Capitol in Sacramento. This time, we will be supporting 6Beds’ first ever sponsored bill, AB 1437 — Modernizing Regulations. Download the PDF below to learn more.

This event is scheduled from 10 AM to 2 PM. After the 4-hour event, we thought of rewarding ourselves with a short fun time with an exciting, surprise outing! Thereafter, the bus will drive us back to our designated drop-off station.

Looking forward to see you all!

ITINERARY

United Coach Tours pick-up starts at 6:45 AM in Daly City, alongside Serramonte Blvd — outside Macy’s & Firestone. Those of you familiar with the location, you can park near the Denny’s Restaurant, close to the gym, or along the street of Serramonte Blvd. Please be prompt. 

A complimentary lunch will be provided. Donation of $25 is appreciated.

We will stop at Safeway Admiral Callaghan in Vallejo to pick up our colleagues from Solano County (Fairfield, Suisun and Vacaville areas).

Please reserve your seats as soon as possible by calling our active leaders listed below.

Space is limited. 

THANK YOU!

Leni Lacap (Solano County)
(415) 203-5110
Lily Mauricio (Bay Area)
(415) 420-0389

Dorie Paniza (Bay Area)
(650) 799-5722

Angie Marinda (Bay Area)
(650) 219-2421

Sincerely,

Angie Marinda
Executive Secretary, 6Beds, Inc.

Apr 19, 6Beds Advocacy DayAB 1437 - Modernizing Regulations