News & Analysis as of

Caregivers Fair Labor Standards Act (FLSA)

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2022 #3

Trump-Era Independent Contractor Rule Reinstated. In a decision issued on March 15, 2022, the U.S. District Court for the Eastern District of Texas reinstated the U.S. Department of Labor’s (DOL) rule, “Independent Contractor...more

Obermayer Rebmann Maxwell & Hippel LLP

The Department of Labor’s Caregiver Wage Initiative May Fall Short of Its Goal Unless It Also Focuses on The Funding Provided to...

On November 23, 2021, the Department of Labor’s Wage and Hour Division announced an education, outreach and enforcement initiative to ensure employers pay professional caregivers minimum wage and overtime in accordance with...more

Fisher Phillips

USDOL Field Bulletin Reiterates That Third-Party Structures Are Often A Mixed Bag

Fisher Phillips on

On July 13, 2018, the U.S. Department of Labor (USDOL) issued a Field Assistance Bulletin to its enforcement administrators addressing how to determine if and when a home health caregiver referred to a client by a “home...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Caregiver Registries Find Key Information on Employment Relationship Determinations in WHD Field Assistance Bulletin

On July 13, 2018, the acting administrator for the United States Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2018-4 to assist field staff in determining when home care, nurse, or...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

Mintz - Employment Viewpoints

2016 New York Employment Law Year In Review

2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds. While New York employers who...more

Baker Donelson

Employers of Home Care Workers to Begin Paying Overtime in January 2015

Baker Donelson on

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...more

Greenberg Glusker LLP

Legislative and Other Developments Affecting California Employers in 2014

Greenberg Glusker LLP on

This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Littler

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

Littler on

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers ...more

K&L Gates LLP

DOL Extends Minimum Wage and Overtime Protections under the Fair Labor Standards Act to Nearly Two Million Home Health Care...

K&L Gates LLP on

The United States Department of Labor issued a rule last month limiting the ability of home health care employers to claim the companionship exemption for their employees under the Fair Labor Standards Act, which is likely to...more

BakerHostetler

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

BakerHostetler on

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care...more

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