News & Analysis as of

Fair Labor Standards Act (FLSA) Home Health Care

Polsinelli

The 80/20 Rule is Here: CMS Finalizes HCBS Care Worker Payment Requirements

Polsinelli on

In May 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a series of rule changes intended to help promote the availability of home and community-based services (“HCBS”) for Medicaid beneficiaries. Chief...more

BakerHostetler

A Welcome Sea Change For Employers Defending FLSA Collective Action Cases

BakerHostetler on

A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally...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

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

Fox Rothschild LLP

Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit

Fox Rothschild LLP on

The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care industry, where compliance issues...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

Cozen O'Connor

Taking Care of the Caretakers: New York AG Recovers Millions in Wages for Home Care Aides

Cozen O'Connor on

New York AG Letitia James reached a settlement with home care health agencies Intergen Health, LLC and Amazing Home Care Services, LLC (collectively “Agencies”) to resolve allegations that they failed to pay appropriate wages...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Littler

Second Circuit Sends Home Care Worker’s Putative Class Claims to Union Arbitration on an Individual Basis

Littler on

On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry.  In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...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 Issues Opinion Letter Providing Guidance On The Legality Of Certain Non-Traditional Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...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

Fisher Phillips

USDOL Field Bulletin Reiterates That Third-Party Structures Are Often A Mixed Bag

Fisher Phillips on

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

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

Fisher Phillips

Establishing FLSA-Compliant Practices In The Home Companionship And Home Care Industry

Fisher Phillips on

It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...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

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

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

Littler

NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More

Littler on

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 (“Wage Order”) in response to recent court decisions finding that...more

Seyfarth Shaw LLP

Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour...more

Littler

Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

Littler on

A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants....more

95 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide