Bator Legal is proud to join the Michigan Assisted Living Association for the Annual Spirit of Service Award Program. Michigan’s best managers in residential and vocational care are being nominated now. We are looking throughout Michigan for individuals serving others with excellence. Promoting quality living experiences by encouraging persons of great age and unique personalities with differing abilities requires uncommon skills.
Five recipients from those nominated will receive the Spirit of Service Award at the Annual Conference in Lansing this May.
Nominate someone who demonstrates excellence when serving others. Tell what makes them a cut above. How do they model exemplary service? Describe what you have seen, heard, or witnessed. Specific examples or stories have greater impact than overly effusive praise. Tell their story in actions whenever possible.
This year we’ll print their stories for others to read and be inspired. Sharing those stories will allow others to learn and grow. The Spirit of Service Awards have recognized more than 90 outstanding leaders since 1995.
“Michigan has some of the nation’s most skilled and dedicated human service managers. Each year is such a distinct honor to recognize their strengths,” says Gregory Bator of Bator Legal in Birmingham, MI.
We can’t resist. For the 9th consecutive year, Forgotten Harvest has requested Gregory Bator to serve as the evening’s live auctioneer. Auctioneer Bator will be Tim Allen’s warm up act in his own unique style.
All the details are here. Don’t wait though, the event will be sold out before you know it.
United States Department of Labor Targets Live-In Residential Care Providers Using Sleep Time Arrangements
The Fair Labor Standards Act (“FLSA”) allows for unpaid sleep time of up to 8 hours if it is part of a 24 hour shift and the sleep is uninterrupted. Employers using sleep time arrangements have recently attracted the attention of the United States Department of Labor’s Wage and Hour Division. Federal investigators have targeted arrangements where employees agree to a daily flat fee to work 24 hour shifts that include 8 hours of unpaid sleep time.
A common pitfall occurs where a live-in employee works three or more shifts during a 7 day workweek, or move than five shifts during a 14 day workweek. In either case, the employee would exceed either the 40 hour or 80 hour limit and should begin to earn overtime pay. For example, if a live-in employee with a sleep time agreement on a 40 hour workweek is scheduled to work 24 hour shifts on Monday, Wednesday and Friday, each shift counts as 16 hours. Halfway through Friday’s shift, the employee should begin to receive overtime pay. Written agreements where an employee waives minimum wage or overtime protections are generally invalid.
Under FLSA regulations, the daily flat fee is divided by 16 hours to calculate the employee’s basic hourly rate. This leads to a second pitfall. Overtime is calculated using the basic hourly rate. Many employers offer a flat fee intended to exceed the minimum wage. The excess amount results in higher overtime pay. If an employee agrees to a flat fee of $140.00 per day, the basic hourly rate is $8.75 – more than the minimum wage. This results in an overtime hourly wage of $13.13 that would be applied by the Wage and Hour Division – a rate that is higher than the employer intended. Employers are cautioned to review the applicable FLSA regulations when using the sleep time exemption.