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Originally published in Healthcare Michigan, Volume 40, No. 11 - The nursing profession’s vital signs are unstable and require an intervention. The single largest occupation of health care workers is Registered Nurses (RN)....more
While the peak of the COVID pandemic may be behind us, the United States health care industry continues to deal with unprecedented staffing shortages, particularly when it comes to nurses. Even a cursory Google search brings...more
Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more
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
We recently reported on our Immigration Blog that hospitals and medical centers, facing challenges in staffing during the pandemic, content with heightened struggles to find and hire sufficient numbers of registered...more
As hospitals and medical centers continue to face challenges in staffing during the pandemic, the struggle is heightened to find and hire sufficient numbers of registered professional nurses. In the rural and medically...more
The U.S. Department of Labor’s Bureau of Labor Statistics has forecast a nursing shortage through 2024, with the United States projected to need more than half a million new nurses to replace those who leave the profession....more
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
On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more
Over the past several years, the healthcare industry and Department of Labor have clashed over the application of the Professional exemption to the Fair Labor Standards Act’s minimum wage and overtime requirements to various...more
It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the time it was enacted, a particularly dark time in the Great Depression, it is...more
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more
Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more
The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11,...more
As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more
Shift differentials are common in the healthcare industry. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is not exactly the same thing as the hourly rate. ...more