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.
You are invited to attend an informational forum discussing new laws affecting Residential Care Facilities for the Elderly which will become effective on January 1, 2015.
It is hosted by Wes Beechman, Regional Manager of Northern California Adult & Senior Care Program, Community Care Licensing Division.
These sessions will be held on December 12, 2014 and December 15, 2014, from 10:00 am – 12:00 pm and 1:30 pm – 3:30 pm each day at the:
State Government Building
50 D Street
Santa Rosa, CA 95404.
All presentations will cover the same material.
If you are interested, please send a reply to firstname.lastname@example.org with the session you would like to attend, the name of your facility, and the name of your representative no later than December 5, 2014.
Space is limited so contact them soon!
Many residential care facilities are saying that the allegations of wage theft is questionable, as it may just be due to lack of understanding of how the residential care facilities operate especially with live-in caregivers. The live-in caregiver model in residential care facilities started in the 1970’s to promote continuity of care in a home-like setting.
This is a statement from the Labor Department, dating back to May 3, 1939, may be the key:
The Division has long recognized that the fact that an employee resides on the employer’s premises “does not mean that the employee is necessarily working 24 hours a day.” Wage and Hour Interpretive Bulletin No. 13 (May 3, 1939). The Division concluded in Interpretive Bulletin No. 13 that an employer may exclude payment for the extended periods of inactivity that occur when an employee resides on the premises, because the employee is generally able “to carry on a normal routine of living” during such periods. These principles are now set forth in the regulations at section 785.23.
(Source Wage and Hours: Dept. Of Labor)