News & Analysis as of

Fair Labor Standards Act (FLSA) Caregivers Wage and Hour

Akerman LLP - HR Defense

The FLSA Companionship Services and Live-In Exemptions May Be Revived for Home Care Agencies

Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

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

Beltway Buzz - March 2022 #3

Trump-Era Independent Contractor Rule Reinstated. In a decision issued on March 15, 2022, the U.S. District Court for the Eastern District of Texas reinstated the U.S. Department of Labor’s (DOL) rule, “Independent Contractor...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

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

Caregiver Registries Find Key Information on Employment Relationship Determinations in WHD Field Assistance Bulletin

On July 13, 2018, the acting administrator for the United States Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2018-4 to assist field staff in determining when home care, nurse, or...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

Baker Donelson

Employers of Home Care Workers to Begin Paying Overtime in January 2015

Baker Donelson on

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...more

Littler

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

Littler on

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers ...more

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