Advocacy, All Posts

Unless There is a Shift To Compliance, The Labor Audits Will Continue

Are you prepared for a labor audit? Do you have the right agreements in place? Are you paying for all hours worked? Are your employees filling out time sheets accurately? Are you utilizing the most cost effective staffing model while remaining compliant with both federal and California labor laws?

If you answered “NO” to any of the above questions or are not sure, then please don’t wait. Register for 6Beds’ upcoming August 1st, labor compliance training session where we will unveil the latest state-of-the-art Wage and Hour Guide for Residential Care Facilities in California. This online toolkit is over 40 pages in length and is co-authored by Littler attorneys Alecia W. Winfield, Tammy D. McCutchen (former U.S. Wage & Hour Administrator), and Ashley J. Brick. The Guide will be presented by Littler.

Register for this live, compliance training session and/or just reserve your access to the Guide now, by visiting our Eventbrite event registration page:

This online toolkit provides a detailed and up-to-date summary of federal and California law to help residential care facilities keep track of and comply with complex wage-and-hour regulations. Residential care facilities have been under increased scrutiny in recent years, particularly in the area of wage and hour compliance. To complicate matters, federal and state laws and regulations continue to evolve at breakneck speed. This toolkit provides:

  1. detailed guidelines that keep pace with these legislative, regulatory, and judicial developments, and
  2. includes answers to Frequently Asked Questions as well as
  3. state-of-the-art sample forms and agreements to help residential care facilities remain in compliance with the ever-changing nature of wage and hour law.

To date, 6Beds has been working diligently with the State of California to change labor laws that negatively impact our industry and later aims to do the same with federal labor laws. But until 6Beds’ legislative efforts succeed, the residential care industry must strive to comply with both federal and state labor laws. In time, as more residential care facilities maintain compliance with these complex laws, it is our understanding that the rampant audits and lawsuits will diminish significantly.

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Wage and Hour Guide and Sample Agreements for Residential Care Facilities: Compliance with Federal and California Wage and Hour Laws

The Wage and Hour Guide and Sample Agreements for Residential Care Facilities will be available on August 1, 2015, for a one-time investment of $950 to 6Beds members, only. All future updates will be provided — free of charge — to all current standing members.

6Beds’ Board of Directors deliberated the value of this document — along with a complimentary training session — based on the cost (both time and money) spent by various legal experts at Littler Mendelson and select 6Beds officers.  For those members who believe they should get this guide for free, the Board has determined that $950 is a very reasonable and fair price, considering that many in our profession have paid over $5,000 to $10,000 to have attorneys prepare a 24-Hour Caregiver Live-In Agreement — which nowhere nears the extensive research and industry-customization Littler has invested in producing our latest labor compliance guide. That being said, 6Beds’ Wage and Hour Guide and Sample Agreements for Residential Care Facilities will be the new state of the art standard for California’s residential care industry, to come. It is authored and backed by the world’s top labor law firm, designed specifically for residential care facilities.

We understand that $950 is not a trivial sum. However, no one in our profession can obtain such in-depth and industry-relevant legal guidelines and sample agreements (along with annual updates) from an attorney at that price. This is a small investment considering the value it affords in significantly lowering the risk from a costly random audit,  complaint-based audit or labor-related lawsuit.

In time, as more residential care facilities use this guideline and maintain compliance with federal and California labor laws, it is our understanding that the rampant audits and lawsuits will diminish significantly.

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Who we are and our meteoric ascent…

Fellow care home provider,

We are 6Beds, Inc., comprised of dedicated care home providers such as you, who are deeply concerned that the current California legislation and labor laws may eventually lessen our capacity to provide the best care for our residents and ultimately erode the viability of our small business.

The recent 2014 RCFE Reform Act—authored to revamp our industry’s directives—along with current federal and California labor laws, have already forced over 500 homes to close since early this year. Today, with over 11,000 six-bed care homes throughout California, our industry provides care to over 37,000 elderly and over 26,000 developmentally disabled adults.

With our industry forecasted to grow exponentially over the next two decades, you can expect more proposed regulatory legislation that may infringe on how we conduct our business. According to Ken Smith, a director at the Stanford Center of Longevity, by the year 2032, Americans over age sixty-five will outnumber those under age fifteen—making up a huge chunk of the marketplace.

To that end, many of your fellow care home providers banded together and formed 6Beds, Inc. on July 1st of this year. As a nonprofit, mutually benefit advocacy group registered with the State of California, we promote safe and affordable quality care for California seniors and disabled adults in a home-like environment. We advocate and educate on behalf of California’s vulnerable residents by uniting senior and adult care facilities throughout the state.

Since our inception we have trail blazed a path for our industry never before seen in California’s history. Today—in a very short time—our lawmakers and politicians are listening to us. More than that, we are impacting key legislation in our industry. As the only recognized stakeholder representing RCFE and ARF residential care homes by the Department of Social Services (DSS) and the Department of Labor (DOL), our influence—your influence—has never been more impactful in California’s legislative body than it is today.

With that in mind, we must work collectively to refine the 2014 RCFE Reform Act that has just passed, specifically to recall

  1. the Death Refund Bill,
  2. the requirement to maintain a one-to-three million commercial liability policy and
  3. the significantly higher civil penalties that is unproportional to six bed facilities relative to the larger assisted living facilities.

Furthermore, we have engaged California’s labor department in a dialogue, and we strive to do the same with the federal labor department to

  1. halt the labor auditor’s aggressive labor compliance investigations, and
  2. curtail their application of exorbitant monetary penalties, until the confusion surrounding these issues is resolved.

Our aim is to draft legislation that supports the live-in model in order to preserve the continuity of care within the residential care facilities.

That being said, we need your help.

We urge you to join our fast-growing group—actually, your group—of over 1,000 licensed care homes, statewide (whether as a member and/or as an active participant in our rallies, events, discussions, etc.) as we march forward into the future to insure that the level of care we provide will always be available to our elders and adults with developmental disabilities.

Only by coming together, can our voices be heard and our rights preserved. Our cause must be constantly represented and at the top of our lawmakers’ minds as they promulgate new laws—shaping the landscape of our industry to come. It is imperative that we set all our differences and indifferences aside, for we are all on the same side. We all want what is best for our industry and for those whom we serve.

Your membership and participation through 6Beds will insure that our ability to provide the best care for our residents will remain protected amidst unpredictable economic climate and unforeseeable social changes. 6Beds is our immutable voice—your voice—in California’s ever-changing and equally diverse political sphere.

With each new member our collective voice grows louder and our legislative impact, stronger.

6Beds, Inc. Milestones

Through 6Beds, our reputation and public perception changed overnight from mostly timid immigrants—who barely spoke English—to intelligent, educated and articulate small care home owners. Our governor, state legislators, Department of Social Services (DSS) and Department of Labor (DOL) are listening to us and finally taking us seriously as a stakeholder in our industry. With the help of your dedicated, fellow care home providers, here is how we did it:

  • On July 1, 2014, 6Beds, Inc. was registered as a non-profit, mutual benefit corporation, with the State of California.
  • On August 1, 2014, with 6Beds’ board of directors and team leaders in place, we
    • hired 3 political lobbyists registered with the Secretary of State. They are:
      1. Atty. Robert Naylor, a Stanford and Yale graduate and a former assembly member of San Mateo,
      2. Roxanne Gould, a seasoned lobbyist, and
      3. Tricia Hunter, a registered nurse and currently the executive director of the American Nurses Association (ANA) and also a former CA assembly member;
    • hired Beth Miller Group, a well-respected public relations team in Sacramento;
    • hired an accountant and an in-house lawyer that specializes in non-profit organizations.
  • On August 5, 2014, 6Beds—backed by over 500 statewide care providers—lobbied for the first time at the California State Capitol. As a result, many amendments were added to the seventeen bills comprising the 2014 RCFE Reform Act. (Read all about it here:
  • On September 23, 2014, 6Beds directors and leaders had its first strategic planning meeting with California Regional Manager of Labor, Benny Cheng, to discuss labor issues within our industry. From this point forward, the California’s Department of Labor (DOL) recognized 6Beds, Inc. as the only stakeholder representing Residential Care Facility for the Elderly (RCFE) and Adult Residential Facility (ARF) residential care homes.
  • On October 1, 2014, the San Francisco-based, Philippine Consulate, invited and met with 6Beds leaders to discuss California’s labor laws and its negative impact on the six-bed residential care homes.
  • On October 21, 2014—represented by 25 key leaders statewide—6Beds leaders met with DSS Deputy Chief Pam Dickfoss, and RCFE and ARF Administrator, Mary Jolls. From this point forward, California’s Department of Social Services (DSS) recognized 6Beds, Inc. as the only stakeholder representing RCFE and ARF residential care homes.
  • On October 29, 2014, with less than one week of planning, 6Beds sponsored a labor rally: Let’s Talk Labor at the State Capitol. Over 300 statewide care providers attended to show their support. Along with them, various caregivers also attended to show their support. For the very first time, care providers came forward to share their labor-related experiences.
  • On November 14, 2014, 6Beds leaders met with DSS statewide regional managers, to initiate partnership and collaboration on many projects to improve the residential care system.
  • On November 19, 2014, 6Beds hired Littler Law Firm (one of our nation’s top labor and employment law firms) to help guide and navigate our course of action when dealing with California’s Labor Department to address labor laws that cripple our industry.

As we gain momentum, our tireless efforts continue…

  • Along with Littler Law Firm, 6Beds leaders will start negotiations with California’s Department of Labor.
  • Upcoming meeting with DDS’s Santi Rogers will start the dialogue on issues surrounding DD.
  • Dialogue with Federal Department of Labor is confirmed to start second week of December.

Learn More

  • To learn more about the RCFE Reform Act of 2014 and how 6Beds helped to amend its seventeen bills, click here.
  • To learn more about our ongoing advocacy work, click here.
  • To stay in touch with our advocacy work, follow our blog (click here).

Wishing you continued success,

Your colleagues at 6Beds

Gina Wasdyke, MBA
Founder and Director, RCFE & ARF Provider
Jocelyn Dela Torre, RN
Co-Founder and Director, RCFE Provider
Janet Baena Valencia, RN
Northern California President and Director, RCFE Provider
Ron Simpson, PhD, MBA
Sourthern California President and Director, RCFE Provider

Advocacy, All Posts, Events

Let’s Talk Labor – DSS Stakeholder: What It Means (November 16)

Calling all RCFE and ARF care providers (owners) of
Sacramento and Neighboring Counties.

When: November 16 (Sun) @ 2 PM – 4 PM
Where: 9882 Cortino Way, Elk Grove CA 95757

Speaker: Gina Wasdyke, MBA
RCFE & ARF Provider & 6Beds Legislative Director

Topic: Let’s Talk Labor – DSS Stakeholder: What It Means

Official Flyer: 6BedsSacFlyer111614

Advocacy, All Posts, Events

6Beds and Littler Strategic Planning on Labor & Employment Issues starts November 19

The 6Beds Team

Board of Directors
Gina Wasdyke, MBA – Founder (Sacramento)
Joy De La Torre, RN – Co-Founder (SF Bay Area)
Ron Simpson, MBA, PhD – President of Southern California Region
Janet Valencia, RN – President of Northern California Region

6Beds Lead Legislative Members
George Kutnerian, MBA (Central Valley)
Atty. Bruce Winstead (Southern California)
Atty. Maria Garfinkle (East Bay)

These 6Beds leaders represent a truly interdisciplinary group. Our group is comprised of attorneys, Ph.Ds, MBAs, nurses, and holders of other advanced degrees. While we are an interdisciplinary group from an educational standpoint, the common denominator is that we’re all top flight operators of RCFEs and ARFs who have a passion for taking care of the frail elderly and developmentally disabled.

We’re excited about what 6Beds and Littler can accomplish together!

All Posts, Press

6Beds, Inc. Responds to Recent News Story About Wage Fraud

FORM IMMEDIATE RELEASE: September 22, 2014
CONTACT: Beth Miller/Brooke Armour (916) 551-1383

Residential care advocacy group strongly condemns recently alleged labor law violations

(SACRAMENTO)—Joy DeLa Torre, Chairwoman of the Board of Directors of 6Beds, Inc., a senior and adult residential care advocacy group, today issued the following statement after reports that some facilities were allegedly engaging in wage fraud, including paying some workers less than $4 per hour:

The Board of Directors of 6Beds, Inc., our members and the entire small residential care community are shocked by the news of alleged wage fraud. Any bad actors in our industry taint our reputation and the dedicated work we are doing to care for those who cannot care for themselves.

6Beds Inc. does not condone any illegal activity. That’s why as an association of residential care facilities we are committed to reaching out and ensuring all members of our care community are aware of, understand and comply with all laws and regulations. We will be working with our state oversight agencies to ensure all our members are educated and in compliance so that they can remain focused on the work they do – providing quality care to countless California seniors and adults in need.