On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal...more
12/24/2019
/ Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Home Healthcare Workers ,
Intermediaries ,
Job Applicants ,
Joint Employers ,
Personal Assistants ,
Regulatory Requirements ,
Request for Offers ,
State and Local Government ,
State Health Departments
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
3/27/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive”...more
12/12/2018
/ Breach of Duty ,
Captive Insurance Company ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Health Insurance ,
Home Health Agencies ,
Home Health Care ,
Personal Liability ,
Risk Management ,
Wage and Hour
Notice of Extension. The New York State Department of Health (DOH) has extended the deadline from November 30 to close of business on December 15, 2017 for currently operating Fiscal Intermediaries under the Consumer Directed...more
On November 1, 2017, the NYS DOH issued its "Application for Fiscal Intermediary Authorization" and implementation guidelines. Significantly, DOH imposed a very short timeframe, stating: "As of November 1, 2017, all existing...more
Tuesday, April 11, 2017, the First Department, Appellate Division of the NYS Supreme Court held that 24-hour case home care workers must be paid for all 24 hours if they are “nonresidential,” that is, they do not exclusively...more
Radio, newspaper, and subway ads are driving Medicaid home care clients and home care workers to abandon traditional home care agency programs for the greater flexibility and freedom of choice of New York’s Consumer Directed...more
In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more
8/23/2016
/ Class Action ,
Class Certification ,
Collective Actions ,
Conditional Certification ,
Corporate Counsel ,
Domestic Workers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
Unpaid Overtime ,
Wage and Hour
Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more
8/4/2016
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Staffing Agencies ,
Unpaid Overtime ,
Wage and Hour
On November 2, 2015, the NYS Department of Health ("DOH") issued important notices affecting the wage and overtime obligations of New York City and Nassau, Suffolk, and Westchester County home care agencies....more
Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay...more
9/22/2015
/ Appeals ,
Class Action ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
NY Supreme Court ,
Rate Parity Agreement ,
Unpaid Overtime ,
Wage and Hour
The D.C. Court of Appeals ruled today that the US Department of Labor's ("DOL") Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the "Final Rule") is valid, because it is "grounded in a...more
The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule...more
Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more
On September 17, 2013, the U.S. Department of Labor (DOL) issued its long-delayed Final Rule revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed direct care...more
It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more