NEW YORK, NY – There is an interesting article on Law360 seen today discussing the 4th District Court of Appeal’s reversal of summary judgment in a live-in worker case, which is going to be of interest to care facilities and some hospitality businesses.
Live-in workers are at the job site 24-hours a day, working split shifts and then called on one-off jobs during their “off” time, whether it be to check-in an arriving guest or attend to a resident or clean a toilet.
The law has tried to deal with this by counting the number of hours/minutes the worker actually worked and using that to determine how many hours were worked per day,. But, that only comes into play if the employer has met technical requirements, like having a written agreement with the worker that spells out what the room and board counts for monetarily. In the case of RCFs, the situation is further complicated by state licensing requirements that require someone be on-site 24-hours a day, meaning the worker can’t leave.
The average small business RCF or hotel/motel is often not sufficiently sophisticated to set it up right, meaning the room and board is not counted, and minimum wage and overtime violations begin to rack-up.
|The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.|