I own a supported living service for developmentally disabled adults in California. They live in their own homes and require 24/7 care. I have called everyone and paid an attorney and still don't understand the law. I am getting different answers from everyone.

I believe I am under wage order 15.

3. Hours and Days of Work

(A) A LIVE-IN employee shall have at least 12 consecutive hours free of duty during each workday of 24 hours, and the total span of hours for a day of work shall be no more than 12 hours, except under the following conditions:

(1) The employee shall have at least three (3) hours free of duty during the 12 hours span of work. Such off-duty hours need not be consecutive, and the schedule for same shall be set by mutual agreement of employer and employee, provided that

(2) An employee who is required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours shall be compensated at the rate of one and one-half (1 ½) times the employee's regular rate of pay for all such hours worked.

(B) No LIVE-IN employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency as defined in subsection 2(D), provided that the employee is compensated for time worked in excess of five (5) workdays in any workweek at one and one-half (1 ½) times the employee's regular rate of pay for hours worked up to and including nine (9) hours. Time worked in excess of nine (9) hours on the sixth (6th) and seventh (7th) workdays shall be compensated at double the employee's regular rate of pay.

My questions:

1. Does this mean that an employee can work 9 hours at the normal hourly rate and 3 hours of overtime (1 1/2) for a 12 hour day?

2. Does this mean that an employee can work five days and have one day off and then work the seventh day at the normal hourly rate?

3. Do I have to pay sleep time when the employee is required to remain in the client's home?

Thank you!

Thanks for the great questions. The answers to your questions are as follows:

1) No. California law requires overtime for time worked over 8 in a day. I don't see anything in wage order 15 which contradicts that requirement.

2) No. Federal law states that overtime must be paid for time worked over 40 hours.

3) Yes, you will have to pay for sleep time if the person is required to be there on the premises and respond to emergencies.

Let us know if you have additional questions.

How would the personal attendant exemption in Wage Order 15 apply to a live-in situation

The answer to your question begins on page 263 of the California Labor Standards Enforcement Manual found at: http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf

I own an adult residential facility for adults with developmental disabilities. I have two staff members (husband and wife) who have requested to live at the facility. Assuming that they will work more hours, and be paid at the appropriate overtime rates, am I able to deduct the cost of room and board from their wages. If so, what is the fair rate for an individual(s) who has total access to all the amenities, food, car etc.
Curiously,
Alex