CAREGIVER WAGE AND HOUR RULES RESIDENTIAL CARE …

[Pages:4]CAREGIVER WAGE AND HOUR RULES

RESIDENTIAL CARE FACILITY

IN-HOME CAREGIVER

Applicable Wage Order

IWC Wage Order No. 5 (Public Housekeeping)

IWC Wage Order No. 15 (Household Occupations)

Definition of "Hours Worked"

"Hours worked" means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so, and in the case of an employee who is required to reside on the employment premises, that time spent carrying out assigned duties shall be counted as hours worked.

"Hours worked" means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.

IWC Wage Order No. 15, Section 2(H)

Within the healthcare industry, the term "hours worked" means the time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the FLSA.

IWC Wage Order No. 5, Section 2(K)

Live-In (120 hours per week or 5 consecutive days or nights)

An employee who resides on his employer's premises on a permanent basis or for extended periods of time is not considered as working all the time he is on the premises. Ordinarily, he may engage in normal private pursuits and thus have enough time for eating, sleeping, entertaining, and other periods of complete freedom from all duties when he may leave the premises for purposes of his own. It is, of course, difficult to determine the exact

An employee who resides on his employer's premises on a permanent basis or for extended periods of time is not considered as working all the time he is on the premises. Ordinarily, he may engage in normal private pursuits and thus have enough time for eating, sleeping, entertaining, and other periods of complete freedom from all duties when he may leave the premises for purposes of his own. It is, of course, difficult to determine the exact hours

hours worked under these circumstances and any reasonable agreement of the parties which takes into consideration all of the pertinent facts will be accepted. 29 CFR 785.23

worked under these circumstances and any reasonable agreement of the parties which takes into consideration all of the pertinent facts will be accepted. 29 CFR 785.23

Duty of 24-hours or More

Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. 29 CFR 785.22(a)

Employer may deduct up to 8 hours from a 24-hour shift as "sleep time" provided the employee actually receives at least 5 hours of uninterrupted sleep. Mendiola v. CPS Security Solutions, Inc. (2013) 217 Cal.App.4th 851

- Employee must be provided comfortable place to sleep - Have written agreement

May deduct off-duty meal periods

Less than 24-hours

Must be paid for all time on premises, excluding off-duty meal periods

IWC Wage Order No. 5, Section 11

Must be paid for all time on premises, excluding off-duty meal periods (personal attendants exempt from meal break

requirement)

IWC Wage Order No. 15, Section 1(B)

Overtime

Subject to standard CA and federal overtime rules IWC Wage Order No. 5, Section 3

Live-Out

Live-In Employed by Third Party Employer

Live-In Employed by Individual

Effective 1/1/14, one and one-half times regular rate

of pay for all hours over 9 in a

day or 40 in a week

Effective 1/1/14, one and one-half times regular rate

of pay for all hours over 9 in a

day or 45 in a week (no fed OT)

Effective 1/1/14, one and one-half times regular rate

of pay for all hours over 9 in a

day or 45 in a week (no fed OT)

AB 241 (Labor

AB 241 (Labor

AB 241 (Labor

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Meal Periods

Code ?1450 et seq.); FLSA

Code ?1450 et seq.); FLSA

Effective 1/1/15, one and one-half times regular rate

of pay for all hours over 9 in a

day or 40 in a week

Code ?1450 et seq.); FLSA (DOL Fact Sheet #79B)

AB 241 (Labor Code ?1450 et seq.); FLSA (DOL Fact Sheet #79B)

Employees in health care industry who work shifts in excess of 8 hours may voluntarily waive right to one of two meal periods

Personal attendants exempt from meal break requirements IWC Wage Order No. 15, Section 1(B)

- Must be in writing - Signed by employee and employer - Employee may revoke with at least one day's

written notice

IWC Wage Order No. 5, Section 11(D)

Employees of 24-hour residential care facilities may be required to work on-duty meal period when necessary to meet program standards provided:

- Employee eats with residents and employer provides same meal at no charge or

- Employee is in sole charge of residents and, on day shift, employer provides meal at no charge

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Rest Periods

- Employee, except on night shift, may exercise right to off-duty meal period on 30 days' notice provided there is no more than one off-duty meal period every two weeks

IWC Wage Order No. 5, Section 11(E)

Employees of 24-hour residential care facility may be required to remain on premises and maintain general supervision during rest periods if employee is in sole charge of residents

- Another rest period shall be authorized and permitted when employee is affirmatively required to interrupt break to respond to needs of residents

IWC Wage Order No. 5, Section 12(C)

Personal attendants exempt from rest break requirements IWC Wage Order No. 15, Section 1(B)

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