Fair Labor Standards Act Healthcare

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -
News & Analysis as of

Employment Law Issues for Health Care Employers [Video]

In this webinar, moderated by Mark Kadzielski, Pepper partner and chair of the firm’s Health Care Services practice, Susan K. Lessack and Christopher J. Moran, both of Pepper’s Labor and Employment Practice Group, will...more

Federal Court In New York Decertifies FLSA Collective Action Of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a...more

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending...more

Take 5 Newsletter: Wage and Hour Update - October 9, 2013

- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more

Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more

Department of Labor Extends FLSA Minimum Wage and Overtime Protections to Direct Care Workers

On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health...more

Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013

Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace –...more

Deadline Approaches: Notify Employees Now Regarding Health Insurance Marketplaces

The Affordable Care Act requires all U.S. citizens and legal residents to have or to obtain qualifying health insurance coverage, effective January 1, 2014, or pay a tax penalty unless they meet certain criteria and receive...more

Notice Regarding Marketplace Coverage Options Due October 1

The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news...more

Most Home Care Workers to Be Entitled to Minimum Wage and Overtime

The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015. ...more

REMINDER: Oct. 1 Deadline for ACA Marketplace Notice Approaching

All employers, except for the relative few that are not subject to the Fair Labor Standards Act (FLSA), are required to provide a written Notice to their employees regarding the coverage options available under the federal...more

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

On September 17, 2013, the United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act to home health care workers who provide care for the sick, disabled or elderly,...more

Exchange Notices Under the Affordable Care Act

What you need to know: Employers must distribute notices of public exchange coverage to employees by October 1, 2013 to ensure compliance with the Patient Protection and Affordable Care Act. ...more

DOL Issues Marketplace Notice Guidance But Will Not Subject Employers To Fines or Penalties If They Fail To Issue The Required...

The Patient Protection and Affordable Care Act (PPACA) amended the Fair Labor Standards Act (FLSA) to require employers to provide a notice to employees informing them of the public health insurance marketplaces (aka...more

Major Changes To Home Companionship Exemption Announced

On September 17, the U.S. Labor Department (DOL) announced that it will be issuing a final rule that will bring significant changes to the “companionship” exemption in the federal Fair Labor Standards Act’s Section 13(a)(15)....more

Companionship Exemption For Agency Employed Home Care Workers Ends Effective January 1, 2015

On September 17, 2013, the U.S. Department of Labor (DOL) issued its long-delayed Final Rule revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed direct care...more

The DOL’s End Around Congress On The FLSA — A Sign Of Things To Come?

Beginning on January 2, 2015, the Fair Labor Standards Act’s minimum wage and overtime protections will apply to home care assistance workers who work with the elderly and people with illnesses, injuries or disabilities. ...more

Minimum Wage And Overtime Pay Extended To Certain Direct Home Care Workers

On September 17, 2013, the U.S. Department of Labor's Wage and Hour Division announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to cover certain direct care workers such as...more

What Do Employers Need to Know About the ACA Marketplace Notices?

Although the Affordable Care Act's (ACA) "employer mandate" has been delayed until 2015, health insurance exchanges are still scheduled to start offering health coverage to individuals and employees of small businesses...more

Employment Law Alert - September 2013: The Affordable Care Act - October 1, 2013 Notice Requirement for Employers

Beginning January 1, 2014, individuals and employees of small businesses will have access to affordable coverage through a new competitive private health insurance market – the Health Insurance Marketplace. The...more

Affordable Care Act Confusion: Health Care Exchange Notice Due but No Penalty for Noncompliance

The Affordable Care Act and subsequent guidance require all employers subject to the Fair Labor Standards Act to provide notice of health care coverage options available through a health care exchange to all current employees...more

DOL FAQ Confirms No Penalty For Failure To Distribute Exchange Notice, Obligation Still Remains

On Wednesday, September 12, the Employee Benefits Security Administration (EBSA), which is a division of the Department of Labor (DOL), released another FAQ indicating that no penalty or fine will be applied for failing to...more

Not Everything in Health Reform is Delayed: Employers Must Send Notices to Employees by October 1

By October 1, 2013, employers must notify their current employees, in writing, about their health insurance options under the new Health Exchanges in 2014. The notice requirement applies to all employers subject to the...more

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