News & Analysis as of

Health Care Providers Fair Labor Standards Act (FLSA)

Epstein Becker & Green

CMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued Ensuring Access to Medicaid Services, a final rule designed to address a range of barriers that Medicaid beneficiaries face in accessing home- and...more

Polsinelli

The 80/20 Rule is Here: CMS Finalizes HCBS Care Worker Payment Requirements

Polsinelli on

In May 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a series of rule changes intended to help promote the availability of home and community-based services (“HCBS”) for Medicaid beneficiaries. Chief...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Polsinelli

The U.S. Department of Labor Intensifies Scrutiny of Wage and Hour Violations in the Home and Health Care Industry

Polsinelli on

The U.S. Department of Labor (“DOL”), through its Wage and Hour Division (“WHD”), has been intensifying its pursuit of Fair Labor Standards Act (“FLSA”) violations by residential care facilities, nursing facilities, home...more

Fisher Phillips

Florida Healthcare Snapshot: Are Your Home Health Contractors Actually Employees?

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Welcome to a special edition of our Healthcare Snapshot – this time with a Florida focus. We’re taking a deeper dive and examining how the U.S. Department of Labor (DOL) is focusing on whether home healthcare employees are...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Fisher Phillips

Are Utilization Review Nurses Entitled to Overtime? Pending Federal Case Should Serve as Warning for Healthcare Providers

Fisher Phillips on

Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay...more

Fox Rothschild LLP

Health Care Industry FLSA Collective Action Focuses On Exempt Status Of Care Coordinators

Fox Rothschild LLP on

Another exemption lawsuit has been filed. What else is new? This time, a group of nurses and care coordinators determine who analyze requests for coverage from health care providers have claimed they are entitled to...more

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

Vaccine Volunteers: Is “Thank You” Sufficient Compensation?

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same...more

Foley & Lardner LLP

DOL Provides Employers Additional Flexibility During Pandemic

Foley & Lardner LLP on

On December 29, 2020, the U.S. Department of Labor (DOL), Wage and Hour Division, published a pair of guidance memos (specifically referred to as Field Assistance Bulletins) that give employers added flexibility to remain in...more

Bradley Arant Boult Cummings LLP

Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have Missed

In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle. EEOC Issues Opioid Accommodation Guidance - While employers have...more

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

The FFCRA: DOL Releases Updated Guidance on Exempt Health Care Providers and Emergency Responders

On March 28, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division released an updated set of “Questions and Answers” (Q&As) that provide additional guidance concerning health care providers and emergency...more

Epstein Becker & Green

Health Care Employers: How to Prepare for the Impact of COVID-19 on Your Workforce

Epstein Becker & Green on

On March 11, 2020, the World Health Organization declared that the 2019 novel coronavirus (known as “COVID-19”) is now a pandemic. The effects continue to be felt in the United States, which currently has well over 1,000...more

K&L Gates LLP

Employment Law in the Health Care Industry: 2019 Year in Review

K&L Gates LLP on

2019 brought continuing changes to employment law issues affecting the health care industry. The following Alert — prepared by K&L Gates’ collaborative team of employment lawyers dedicated to serving health care industry...more

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

Creating the Space: Healthcare Employers Implement Programs for Nursing Mothers

Women make up the majority of employees in the healthcare industry. According to the Bureau of Labor Statistics, in 2018, 75 percent of hospital staff and nearly 80 percent of the staff of other health services were composed...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Jackson Lewis P.C.

February Forecast For Healthcare Employers: Expect Flurry Of FLSA Wage And Hour Suits

Jackson Lewis P.C. on

Healthcare employers can expect the rise of class action lawsuits to continue, as 2019 has seen a steady influx of class actions against healthcare employers under the Fair Labor Standards Act (FLSA) and various state...more

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

Looking Back to Look Forward: Healthcare Developments in Labor and Employment Law

The year 2018 was a busy one for healthcare employers. Below are some of the key developments from 2018 and issues that employers should be on the lookout for in 2019. Pay Equity - Pay disparity between male and female...more

K&L Gates LLP

Employment Law in the Health Care Industry: 2018 Year in Review

K&L Gates LLP on

2018 brought developments in employment law issues that have particular relevance to the health care industry. These include continuing developments regarding employee resistance to vaccination mandates, increased...more

Baker Donelson

Three Challenges Facing HR Pros in Health Care and Beyond

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Three of the top challenges facing HR professionals in health care today are finding and retaining good employees, keeping them healthy, and paying them correctly....more

Jackson Lewis P.C.

Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries

Jackson Lewis P.C. on

In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. The Department of Labor (DOL) issued Field Assistance Bulletin No. 2018-4...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,...

Senate Passes VA MISSION Act; Eliminates Federal Contractor Status for Some Long-Term Care Providers

On May 23, 2018, the U.S. Senate passed a comprehensive bill called the U.S. Department of Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 or the VA MISSION Act of 2018...more

Fisher Phillips

A Primer On Telemedicine And The Workplace

Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more

Cozen O'Connor

The State AG Weekly Update

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2018 AG Elections- North Dakota Attorney General Wayne Stenehjem Announces Bid for Reelection- North Dakota AG Wayne Stenehjem declared his intention to run for reelection to a sixth term in 2018. ...more

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