Legal Question in Employment Law in California
1) In California, which Wage Order do RCFEs work under? WO4? WO5? WO15?
2) And also, is it possible for California RCFEs to have live-in caregivers who must remain on premises 24 hours a day but exclude their sleep hours from "hours worked" for purposes of calculating gross wages earned?
1 Answer from Attorneys
Wage Order 5 typically applies to employees in homes for the aged and similar facilities. Without knowing more about your facility, it is not possible to say for sure if Wage Order 5 applies to your situation.
Wage Order 5 lays out the requirements for excluding a regularly scheduled and uninterrupted sleep period from hours compensated. The requirements of this Wage Order must be strictly followed in order for the sleep hours to be exempted from compensation, including the requirement that the agreement to exclude these hours be in writing.
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