News & Analysis as of

Independent Contractors Healthcare

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Proskauer - Tax Talks

The IRS and Senator Warren Raise Concerns about Lodging and Health Care REITs

Proskauer - Tax Talks on

On September 3, 2024, Senator Elizabeth Warren (D-MA) sent a letter to the Internal Revenue Service (the “IRS”) urging it to “increase enforcement scrutiny of REITs, especially large health and hospitality REITs that may be...more

Perkins Coie

Expansion of Hospital Tort Liability in Washington

Perkins Coie on

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and...more

McDermott+

McDermottPlus Check-Up: January 12, 2024

McDermott+ on

Congress Works to Meet Imminent Funding Deadlines. Speaker of the House Johnson (R-LA) and Senate Majority Leader Schumer (D-NY) announced an agreement on top-line spending levels to fund the government for the remainder of...more

King & Spalding

FTC Issues Proposed Rule to Ban Non-Competes in the Labor Market

King & Spalding on

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) regarding non-compete agreements. The Proposed Rule would prohibit non-compete clauses in labor contracts for most...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott....more

Amundsen Davis LLC

Filling Vacancies During the Great Resignation – Special Considerations for Health Care Entities

Amundsen Davis LLC on

As employers continue to face staffing issues posed by the “great resignation,” using independent contractors has become more common. However, health care entities need to be mindful of the special requirements that apply to...more

Jackson Lewis P.C.

Key Legal Considerations for Hiring and Retention Incentives in Healthcare

Jackson Lewis P.C. on

Healthcare organizations across the United States are facing an unprecedented labor shortage. Many healthcare employers are moving quickly to implement creative solutions that will attract and retain a qualified workforce....more

Bradley Arant Boult Cummings LLP

Government and Relator Leverage in FCA Negotiations

Liability under the False Claims Act (FCA) can result in potentially enormous payouts to individuals, and sometimes to companies, who alert the government to allegations of healthcare fraud. The payouts to the whistleblower...more

Husch Blackwell LLP

California, Ride-Hailing Companies Collide In Court: Implications And Next Steps

Husch Blackwell LLP on

Uber, Lyft, and other app-based transportation companies suffered a blow on August 20, 2021, when Alameda Superior Court Judge Frank Roesch ruled that California’s Proposition 22 violates the state’s constitution and is...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Manatt, Phelps & Phillips, LLP

[Webinar] Benefiting from COVID-19 Lending Programs: A Practical Guide for Healthcare Organizations - April 20th, 2:00 pm - 3:00...

Learn How Healthcare Entities Can Access the Federal Loans Available to Support Businesses Through the Financial Challenges of COVID-19—Including the Paycheck Protection Program, Main Street Lending Program and EIDL...more

Littler

Shock and Awe! California Employers Face Onslaught of New Regulations

Littler on

With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more

Carlton Fields

Fifth Circuit Affirms Order Compelling Arbitration of Employment Discrimination Claims by Physician Against Medical Center

Carlton Fields on

Plaintiff, an emergency room physician, was employed by Defendants, a hospital and its affiliates, pursuant to an employment agreement and subsequent independent contractor agreement, both of which contained an arbitration...more

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

Looking Back to Look Forward: Healthcare Developments in Labor and Employment Law

The year 2018 was a busy one for healthcare employers. Below are some of the key developments from 2018 and issues that employers should be on the lookout for in 2019. Pay Equity - Pay disparity between male and female...more

Fisher Phillips

What Will A Governor Newsom Mean for California Employers?

Fisher Phillips on

While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Moore & Van Allen PLLC

North Carolina Legislative Report

Moore & Van Allen PLLC on

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Cozen O'Connor

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Foley & Lardner LLP

The Telehealth Top 10 for 2015

Foley & Lardner LLP on

Telehealth continues to be an innovative alternative to traditional brick-and-mortar medicine. The number of providers offering telehealth services is rapidly increasing and states are enacting laws requiring health plans to...more

Franczek P.C.

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Franczek P.C. on

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

Eversheds Sutherland (US) LLP

Legal Alert: Final Rules on Compensation Deduction Limit for Health Insurers

The Internal Revenue Service (IRS) and the Department of Treasury (Treasury) have issued final regulations under section 162(m)(6) of the Internal Revenue Code of 1986, as amended (Code), which limit the deduction certain...more

Baker Donelson

CMS Proposes Enhanced Role for Non-Physician Practitioners in Rural Health Clinics

Baker Donelson on

Recognizing the difficulty many rural health clinics (RHCs) face when recruiting health care practitioners, CMS recently proposed to change its interpretation of the Rural Health Clinic Services Act and allow RHCs to contract...more

Snell & Wilmer

Another Reason Not to Misclassify Employees

Snell & Wilmer on

As reported in prior Snell & Wilmer publications (See September 2011 Workplace Word, October 2011 Workplace Word and January 9, 2013 Legal Alert), there are numerous reasons why employers need to ensure that they do not treat...more

Littler

Hot Wage and Hour Issues for Home Healthcare Employers

Littler on

In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more

Fisher Phillips

Healthcare Update - May 2012: Independent Contractor Or Employee?

Fisher Phillips on

A perennial issue for businesses both in and out of the healthcare industry is the classification of individuals as independent contractors or employees. In an effort to save money in a tight economy and limit liability, many...more

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