New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more
3/28/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more
10/1/2018
/ Court Nullification ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more
3/9/2018
/ Appeals ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Rest and Meal Break ,
State and Local Government ,
Wage and Hour ,
Work Schedules
A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more
12/22/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Rest and Meal Break ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor's Home Care Rule. Based on that decision, the effective date of the Home Care Rule is October 13, 2015....more
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more
8/25/2015
/ Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Elder Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Third-Party Agents ,
Unpaid Overtime
On September 17, 2013, the Department of Labor's Wage and Hour Division (DOL) announced a final rule eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home...more
In This Report:
- I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry
- II. Potential Loss Of The Companionship Services Exemption
- III. Other Common Types Of Claims
- A. Misclassification...more