News & Analysis as of

Misclassification Home Health Care

Parker Poe Adams & Bernstein LLP

Home Healthcare Agency Pays Over $500K Based on Worker Misclassification

In recent years, the Department of Labor’s Wage and Hour Division has increased enforcement activities in the home healthcare industry. On Tuesday, DOL announced recovery of over $500,000 from an Alabama agency found to have...more

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

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Fox Rothschild LLP

Residential Healthcare Owners and Operators Beware: Department of Labor is Tackling Misclassification of Employees, Again

Fox Rothschild LLP on

Eleventh-Hour Trump Administration FLSA Classification Rule Revived- Just when residential healthcare employers thought it was safe to get back into the classification waters, a late-stage Trump administration rule,...more

Nilan Johnson Lewis PA

Home Health Care Misclassification Lawsuits Rising

Nilan Johnson Lewis PA on

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more

Seyfarth Shaw LLP

DOL Guidance On Employer Status Of Caregiver Registries: Foreshadowing A More Tolerant Independent Contractor Approach

Seyfarth Shaw LLP on

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more

Polsinelli

U.S. Department of Labor Issues Field Assistance Bulletin on Employee/Independent Contractor Classification for Home Care Workers

Polsinelli on

On July 13, 2018, the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide guidance to field-office staff regarding whether caregivers, such as nurses and health aides, qualify under the Fair...more

Ballard Spahr LLP

Labor Classification in the Home Health Care Industry: A Sign of What's to Come?

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) on July 13, 2018, issued a Field Assistance Bulletin to its enforcement administrators, explaining how to determine if and when caregiver and nurse registries should be deemed employers...more

Akerman LLP - HR Defense

Hope for Employers: Court Says Home Health Aides Can’t Bring Collective Action

Courts have been quick to allow one employee claiming to be due overtime to sue on behalf of others in the same job category by certifying a collective action, allowing that employee to represent the class and requiring the...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

Littler on

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Troutman Pepper

February 2016 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

In February 2016, two federal appellate courts ruled in favor of companies in IC misclassification cases: one where the NLRB was reversed in a decision where the agency had found stagehands to be employees and not ICs; the...more

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

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Franczek P.C.

Many Home Companionship Workers No Longer Exempt

Franczek P.C. on

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

Benesch

Benesch Perspectives - July 2014 Newsletter

Benesch on

In this issue: - Not-for-Profit Spotlight - Giving to Religion Trending Downward for a Decade - What You Can Learn from Giving 2014 - Is the Front Door Closing on the Parsonage Exemption? ...more

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