Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more
3/27/2019
/ 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
Audits of compliance with the Wage Parity Act ("WPA") are on the rise. The NYS Attorney General's Medicaid Fraud Unit, Medicaid Inspector General ("OMIG"), and Department of Labor ("DOL") are all auditing home care agencies....more
Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more
In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more
8/23/2016
/ Class Action ,
Class Certification ,
Collective Actions ,
Conditional Certification ,
Corporate Counsel ,
Domestic Workers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
Unpaid Overtime ,
Wage and Hour
Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more
8/4/2016
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Staffing Agencies ,
Unpaid Overtime ,
Wage and Hour
As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to...more
Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay...more
9/22/2015
/ Appeals ,
Class Action ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
NY Supreme Court ,
Rate Parity Agreement ,
Unpaid Overtime ,
Wage and Hour
The D.C. Court of Appeals ruled today that the US Department of Labor's ("DOL") Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the "Final Rule") is valid, because it is "grounded in a...more
Under the U.S. Department of Labor's Final Rule on Domestic Service, ("DOL Final Rule") effective January 1, 2015, home care agencies can no longer claim the companionship exemption. As a result, managed care companies may be...more
Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more