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Fair Labor Standards Act (FLSA) Health Care Providers Department of Labor (DOL)

Fisher Phillips

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

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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

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

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

K&L Gates LLP

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

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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

Jackson Lewis P.C.

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

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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

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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

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

Cole Schotz

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

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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

K&L Gates LLP

Considerations for Healthcare Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar Overtime...

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Employers in the U.S. healthcare industry should act now to address recent changes to the overtime exemptions for “white-collar” employees. On May 18, 2016, the U.S. Department of Labor (DOL) published its highly anticipated...more

Fisher Phillips

Start Planning Now To Comply With New FLSA Regulations

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The U.S. Department of Labor (USDOL) recently finalized its long-awaited rule that will double the minimum salary for employees to qualify for the overtime exemption under the Fair Labor Standards Act (FLSA). The impending...more

Saul Ewing LLP

Higher Education Highlights - Summer 2016

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On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit...more

McCarter & English, LLP

Health Law Insights Newsletter - Issue 10 - June 2016

McCarter & English, LLP’s Health Care Group presents Issue 10 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - Drug Diversion Case Raises Red Flags for...more

Epstein Becker & Green

DOL’s New “White Collar” Exemption Rule to Impact Health Care Industry

Epstein Becker & Green on

On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions to the Fair Labor Standards Act (“FLSA”) to significantly increase the number...more

Sheppard Mullin Richter & Hampton LLP

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

Franczek P.C.

11th Circuit "Tweaks" Test For Whether Interns Are Employees

Franczek P.C. on

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

Sherman & Howard L.L.C.

Another Blow to Intern Test

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

Williams Mullen

Court Awards Employees of Home Health Care Companies Minimum Wage and Overtime Rights

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Home health care providers could expect to pay their employees more after the Court of Appeals for the D.C. Circuit held an exemption of the Fair Labor Standards Act (FLSA) no longer applies to third-party employers of...more

Ballard Spahr LLP

Nearly 2 Million Home Care Workers Now Qualify for Minimum Wage, Overtime Protections

Ballard Spahr LLP on

The U. S. Court of Appeals for the District of Columbia Circuit unanimously upheld a Department of Labor (DOL) rule which extended the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to certain home...more

Fisher Phillips

Companionship Exemption Changes In Effect

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The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

Seyfarth Shaw LLP

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

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As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

Littler

D.C. Circuit Ruling Means DOL’s Home Care Rule May Soon Go Into Effect

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On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more

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