News & Analysis as of

Department of Labor (DOL) Home Health Agencies

Parker Poe Adams & Bernstein LLP

Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more

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

Polsinelli

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

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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

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

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

Sands Anderson PC

New Virginia Laws Focused on Pandemic-Essential Industries

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Governor Northam recently signed into law a half dozen new employment laws affecting employers in the Commonwealth of Virginia. Among these new laws are two that, beginning on July 1, 2021, will provide new protections for...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

Seyfarth Shaw LLP on

Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Cole Schotz

New York Court Of Appeals Upholds Department Of Labor Position That Live-In Home Health Care Aides Are Not Entitled To Pay For 24...

Cole Schotz on

On March 26, 2019, the New York State Court of Appeals, New York’s highest Court, issued a highly anticipated decision that has major impacts for the home health care industry in New York. The question before the Court was...more

Tarter Krinsky & Drogin LLP

Employers Of Home Health Aides Can Sleep Easy Tonight – The “13-Hour Rule” Has Been Upheld!

A Bit of Background Home health aides are often hired through a health care agency to work 24-hours shifts caring for elderly or infirm family members. But what about the law requiring employers to pay overtime where an...more

Robinson+Cole Health Law Diagnosis

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

Bond Schoeneck & King PLLC

New York's Highest Court Upholds "13 Hour Rule" for Home Health Aides Working 24-Hour Shifts

On March 26, 2019, the New York State Court of Appeals issued a ruling that will have a significant positive impact on home care agencies across the state. In a five-to-two decision, the Court upheld the validity of the New...more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

Littler on

New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

Littler on

The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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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

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

Combatting the Shortage of Home Care Workers: Going Co-Op?

With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency...more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

Littler on

The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

Littler

Another Federal Court Holds Home Health Aides in NY are NOT Necessarily Entitled to Pay for Every Hour of a 24-Hour Shift, but...

Littler on

A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more

Robinson+Cole Health Law Diagnosis

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

Farrell Fritz, P.C.

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...more

Littler

NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the "13-Hour Rule"

Littler on

As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more

Jackson Lewis P.C.

New York Department Of Labor Issues Emergency Minimum Wage Regulations Regarding Home Healthcare Attendants, Controverting Recent...

Jackson Lewis P.C. on

Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of Labor (NYDOL) has issued...more

Bond Schoeneck & King PLLC

Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by...

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers...more

Littler

NY DOL to Soon Issue Explanatory Statement on Recent Wage Order Amendment

Littler on

As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide...more

Cole Schotz

UPDATE: New York DOL Amends Regulation Governing Home Health Care Aides Pay

Cole Schotz on

As previously discussed, recent decisions from the New York Supreme Court, Appellate Division, found a New York State Department of Labor (“NYDOL”) opinion letter was not a “rational or reasonable” interpretation of New York...more

Seyfarth Shaw LLP

Still Sleeping on the Job? NY DOL Says Home Healthcare Employees Not Entitled to 24 Hours Pay for Overnight Shifts

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more

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