ResCoalition Update: DOL Audits

Shayne Aloe-Chase

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Apr 9, 2013, 10:56:29 PM4/9/13

to Shayne Aloe-Chase

Good Afternoon,

We wanted to take a minute to formally warn you about the federal Department of Labor visits that are happening. What is occurring is that FEDERAL DEPARTMENT OF LABOR (this is not a state inspection) personnel are coming into residential facilities to look at the application of wage law to employees. They are looking at things such as:

· Is overtime being given correctly?

· Are you applying meal time and break times correctly?

· If you are using the break time exemption, is there a written agreement between you and the employees?

· If you have overnight staff are you paying them correctly?

· If you are not paying them for sleeping (as is allowed under federal labor law under certain conditions) is there a written agreement between the company and the employee?

· Does the facility have written policies and procedures and are they being followed?

ResCoalition has been at the forefront of labor law issues for years and have hosted a labor law training module in several areas across the state. If you have used the employee contracts that we have provided (available to all current ResCoalition members via email request) and applied the labor parameters that we have discussed at these trainings there should be no issues with the Federal Department of Labor if audited, should it occur to you. However, if you have not taken the time to ensure sure all of your employees have signed their contracts . . .

Please take a minute to review your policies and procedures, double check how you are paying employees, and MAKE SURE THEY HAVE ALL SIGNED THEIR AGREEMENTS. Without signed agreements things like the mealtime exception is not considered legal and will get you cited.

We are planning to hold a labor law training in Orange County and will send the details as soon as we have it set. Also, we are more than willing to conduct the labor law training in other locations across the state but would need assistance from local providers to set it up. If you would like to discuss having a training in your area please contact us.

Have a great day,

Boyd & Shayne

Shayne Aloe-Chase, Ph.D.

Director

Developmental Disabilities Diversified, Inc.

866.334.3115 office

714.943.2299 direct

714.464.2917 fax

www.D3california.com

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marilou s

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Apr 9, 2013, 11:26:14 PM4/9/13

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Good evening,
Thanks for informing us of the on going Dep't. of Labor visits to residential facilities. I have attended one of the Labor Law trainings years ago, but I don't remember getting a copy of the "Employee Contracts".
I developed an Employee Agreement that we are currently using but I'm not sure if I have covered all these areas correctly. I'm pretty sure there have been updates that I am not aware of. PLEASE EMAIL ME A SAMPLE OF THE EMPLOYEE CONTRACT THAT YOU MENTIONED IN THIS NOTICE AS SOON AS POSSIBLE. I'd appreciate it!

My email address: Shar...@yahoo.com

Thanks so much,
Marilou

From: Shayne Aloe-Chase <dr.shay...@yahoo.com>
To: Shayne Aloe-Chase <Dr.Shay...@yahoo.com>
Sent: Tuesday, April 9, 2013 7:56 PM
Subject: ResCoalition Update: DOL Audits

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dhal...@aol.com

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Apr 9, 2013, 11:41:17 PM4/9/13

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Shayne,

Thanks for the update. Can you please send me the Sample Employee Contracts you are referring to in your e-mail.

Thanks again for all that you and Boyd do for all of us Providers.

Diane Hall

Hall Family Home

(714) 771-4441

rrm...@yahoo.com

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Apr 10, 2013, 12:26:20 AM4/10/13

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Shayne,

Can you please send me a sample employee contracts . Thanks for the update.

Ron Manalad

Real Hearts Home

714 398-4409

From: "dhal...@aol.com" <dhal...@aol.com>
To: rcocres...@googlegroups.com
Sent: Tuesday, April 9, 2013 8:41 PM

rrm...@yahoo.com

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Apr 10, 2013, 12:28:48 AM4/10/13

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Shayne,

Can you please send me a sample employee contracts . Thanks for the update. My email add: is rrm...@yahoo.com

Ron Manalad

Real Hearts Home

714 398-4409

From: Shayne Aloe-Chase <dr.shay...@yahoo.com>
To: Shayne Aloe-Chase <Dr.Shay...@yahoo.com>
Sent: Tuesday, April 9, 2013 7:56 PM
Subject: ResCoalition Update: DOL Audits