GROUP HOME EMPLOYEES

Group home employees have special rules regarding “hours worked” and California overtime. There are 5 different types of Group Home Employees and each one has their own rules:

GROUP NUMBER 1- PERSONAL ATTENDANTS AND CAREGIVERS WHO WORK AT “FOR PROFIT” ORGANIZATIONS

WHO ARE THESE EMPLOYEES? 

All employees, such as caregivers or personal attendants, who are employed by for-profit organizations, such as residential care facilities. 

WHAT IS THE DEFINITION OF “HOURS WORKED” FOR THESE EMPLOYEES?

If the employee does not reside on the premises or is not a healthcare employee:  “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.[ Sleep time and on-call time is counted as hours worked]

If the employee resides on the premises: “Hours Worked” is limited to the time spent carrying out assigned duties. [Sleep time and on-call time is not counted as hours worked]

If the employee works in the healthcare industry: “Hours Worked” is 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. [Sleep time may not count as hours worked]

ARE THESE EMPLOYEES ENTITLED TO OVERTIME WAGES?

The employee must be paid time and one-half times the regular rate of pay or overtime if:

1. The employee works over 8 hours in a workday; 
2. The employee works over 40 hours of work in a workweek; 
3. For the first 8 hours of work on a seventh consecutive workday.

The employee must be paid two times the regular rate of pay or Double time if:

1. The employee works over 12 hours in a day or for hours worked over eight (8) on the seventh consecutive day of the workweek.

ARE THESE EMPLOYEES ENTITLED TO MEAL AND REST BREAKS? 

Yes. 

GROUP NUMBER 2- PERSONAL ATTENDANTS WHO WORK FOR “NON- PROFIT” ORGANIZATIONS

WHO ARE THESE EMPLOYEES?

Any person employed by a non-profit organizations to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. 

RULE: If more than 20 percent of the employee’s time is spent performing “non-attendant” duties, the person is not a personal attendant. 

WHAT IS THE DEFINITION OF “HOURS WORKED” FOR THESE EMPLOYEES?

If the employee does not reside on the premises or is not a healthcare employee: “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.[ Sleep time and on-call time is counted as hours worked]

If the employee resides on the premises: “Hours Worked” is limited to the time spent carrying out assigned duties. [Sleep time and on-call time is not counted as hours worked]

If the employee works in the healthcare industry: “Hours Worked” is 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. [Sleep time may not count as hours worked]

ARE THESE EMPLOYEES ENTITLED TO OVERTIME WAGES?

The employee is not entitled to overtime if the employee works less than 40 hours in a workweek or less than 6 days in a workweek. 

If the employee is employed for more than 40 hours in a workweek or more than 6 days in a workweek, the employee must be paid time and one-half times the regular rate of pay or overtime for:

1. Hours works over 8 hours on the sixth workday; 
2. Hours works over 40 hours of work in a workweek; 
3. For the first 8 hours of work on a seventh consecutive day of the workweek.

The employee must be paid two times the regular rate of pay or Double time for:

1. Hours worked over 12 hours in a day or for hours worked over eight (8) on the seventh consecutive day of the workweek.

RULE: In emergency situations an employee could work over 40 hours or 6 days in a workweek, provided the employer pays overtime at one and one half times the employee’s regular rate of pay for all hours over 40 or 6 days in a workweek.

ARE THESE EMPLOYEES ENTITLED TO MEAL AND REST BREAKS? 

Yes. 

GROUP NUMBER 3- RESIDENT MANAGERS OF HOMES FOR THE AGED HAVING LESS THAN EIGHT (8) BEDS

WHO ARE THESE EMPLOYEES: 

Resident managers of homes for the aged having less than eight (8) beds. 

WHAT IS THE DEFINITION OF “HOURS WORKED” FOR THESE EMPLOYEES?

If the employee does not reside on the premises or is not a healthcare employee, “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.[ Sleep time and on-call time is counted as hours worked]

If the employee resides on the premises, “Hours Worked” is limited to the time spent carrying out assigned duties. [Sleep time and on-call time is not counted as hours worked]

If the employee works in the healthcare industry, “Hours Worked” is 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. [Sleep time may not count as hours worked]

ARE THESE EMPLOYEES ENTITLED TO OVERTIME WAGES?

The employee is not entitled to overtime if the employee works less than 40 hours in a workweek or less than 6 days in a workweek. 

If the employee is employed for more than 40 hours in a workweek or more than 6 days in a workweek, the employee must be paid time and one-half times the regular rate of pay or overtime for:

1. Hours works over 8 hours on the sixth workday; 
2. Hours works over 40 hours of work in a workweek; 
3. For the first 8 hours of work on a seventh consecutive day of the workweek.

  The employee must be paid two times the regular rate of pay or Double time for:

1. Hours works over 12 hours in a day or for hours worked over eight (8) on the seventh consecutive day of the workweek.

RULE:  In emergency situations an employee could work over 40 hours or 6 days in a workweek, provided the employer pays overtime at one and one half times the employee’s regular rate of pay for all hours over 40 or 6 days in a workweek.

ARE THESE EMPLOYEES ENTITLED TO MEAL AND REST BREAKS? 

Yes. 

GROUP NUMBER 4-AN EMPLOYEE WHO RESIDES AT A HOSPITAL OR ESTABLISHMENT FOR THE SICK, AGED OR MENTALLY ILL AND THE EMPLOYER IS A NON-PROFIT.

WHO ARE THESE EMPLOYEES: 

An employee of a 24 hour residential care facility for elderly, blind or developmentally disabled.  

WHAT IS THE DEFINITION OF “HOURS WORKED” FOR THESE EMPLOYEES?

“Hours Worked” is limited to the time spent carrying out assigned duties. [Sleep time and on-call time is not counted as hours worked]

ARE THESE EMPLOYEES ENTITLED TO OVERTIME WAGES?

    The employee must be paid time and one-half the regular rate of pay or overtime for:

1. Hours worked over 8 hours of work in a workday
2. Hours worked over 40 hours of work in a workweek
3. The first 8 hours of work on a seventh consecutive day of the workweek.

    The employee must be paid two times the regular rate of pay or double time for:

1. Hours worked over 12 hours in a day or for hours worked over eight (8) on the seventh consecutive day of the workweek. 

If the Employee and Employer have entered into an agreement or understanding, prior to the employee starting work, that for the purposes of calculating weekly  overtime, the workweek is 14 consecutive days (instead of a seven day workweek) the employer can pay the employee weekly overtime for:

1. Hours worked over 80 hours in the 14 consecutive day period.

1. Daily overtime is still required and Double time is required after 12 hours in a workday (California Labor Code section 510).

ARE THESE EMPLOYEES ENTITLED TO MEAL AND REST BREAKS? 

Can be on-duty meal and rest breaks.

GROUP NUMBER 5- EMPLOYEES WITH DIRECT RESPONSIBILITY FOR CHILDREN WHO ARE UNDER 18 YEARS OF AGE WHO ARE RECEIVING 24 HOUR RESIDENTIAL CARE AND THE EMPLOYER IS A NON-PROFIT.

WHO ARE THESE EMPLOYEES: 

An Employees with direct responsibility for children who are under 18 years of age who are receiving 24 hour residential care. 

WHAT IS THE DEFINITION OF “HOURS WORKED” FOR THESE EMPLOYEES?

If the employee does not reside on the premises or is not a healthcare employee: “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.[ Sleep time and on-call time is not counted as hours worked]

If the employee resides on the premises, “Hours Worked” is limited to the time spent carrying out assigned duties. [Sleep time and on-call time is not counted as hours worked]

ARE THESE EMPLOYEES ENTITLED TO OVERTIME WAGES?

The employee can be paid time and one-half the regular rate of pay or overtime for:

1. Hours worked Over 40 hours in a workweek.

The employee can be paid two times the regular rate of pay or double time for:

1. Hours worked over 46 hours of work in a workweek.
2. Hours worked over 16 hours of work in a workday.

ARE THESE EMPLOYEES ENTITLED TO MEAL AND REST BREAKS? 

Can be on-duty meal and rest breaks.