News & Analysis as of

Healthcare Workers Fair Labor Standards Act (FLSA)

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

Fisher Phillips

3 New Laws for Virginia Employers Went Into Effect on July 1: Are You Prepared?

Fisher Phillips on

July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia: - Expansion of Non-Compete Ban – Virginia employers are now prohibited from...more

Marshall Dennehey

Driving the Workday: The Third Circuit Clarifies Compensable Travel Time Under the FLSA

Marshall Dennehey on

Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act....more

Dentons

Navigating Wage and Hour Challenges

Dentons on

Healthcare entities have faced increasing pressure from the Department of Labor regarding wage and hour issues. Some of this is a hangover from COVID and the long hours many healthcare workers endured trying to meet the needs...more

Fisher Phillips

Wage and Hour Officials Focus on Healthcare Employers in Southeastern U.S. – 5 Tips to Avoid Trouble

Fisher Phillips on

Federal wage and hour officials have trained their attention on healthcare employers in the Southeastern United States – and we expect this scrutiny to continue into the new year. The past year alone saw the Department of...more

Fisher Phillips

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

Fisher Phillips on

A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After...more

Jackson Lewis P.C.

Rhode Island Prohibits Use of Non-Competition Agreements With Nurses; Governor Vetoes Broader Ban

Jackson Lewis P.C. on

Rhode Island Governor Dan McKee signed a new law (R.I. Gen. Laws § 5-34-50) that prohibits the enforcement of non-competition agreements with advanced practice registered nurses (APRNs) in the state on June 17, 2024....more

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

Fisher Phillips

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

Fisher Phillips on

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

Epstein Becker & Green

The 8 and 80 Overtime System and How It Affects Healthcare Establishments

Epstein Becker & Green on

What is the 8 and 80 overtime system? The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 hours in a work week. However, the FLSA...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … The 8 and 80 Overtime System for Healthcare Establishments

Epstein Becker & Green on

What is the 8 and 80 overtime system? The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 in a workweek....more

Fox Rothschild LLP

Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!

Fox Rothschild LLP on

Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about on other occasions. A group of employees has been...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

Fox Rothschild LLP on

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

Fisher Phillips on

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

Fox Rothschild LLP

Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist

Fox Rothschild LLP on

When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is murkier. In a case testing these...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

Amundsen Davis LLC

Wage And Hour Questions On The Vaccine Mandate: Pitfalls For Illinois Employers Covered By The Executive Order

Amundsen Davis LLC on

On August 23rd Governor Pritzker issued Executive Order 2021-20 requiring health care workers, school personnel, higher education personnel and students, and state-employees and contractors who work at state-owned or...more

Woods Rogers

Executive Orders and Vaccine Mandates

Woods Rogers on

Last week, there was a flurry of activity from the Biden Administration regarding vaccine mandates among federal employees, federal contractors, and large employers (100+ employees). Not to be outdone, Virginia implemented...more

K&L Gates LLP

Employment Law Developments that will Impact the Health Care Industry in 2021

K&L Gates LLP on

The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

ArentFox Schiff on

In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

Fox Rothschild LLP

Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches

Fox Rothschild LLP on

The health care industry seems to be ground zero for a particular kind of class action lawsuit. Many of these health care institutions have policies where a thirty-minute lunch period is automatically deducted from the daily...more

Fox Rothschild LLP

FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!

Fox Rothschild LLP on

In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. That doctrine allows more than one employer to be liable for employee...more

Littler

FLSA Collective Action Limited by Lack of Personal Jurisdiction

Littler on

In a significant victory for employers and the principles of due process, the District of Minnesota recently joined several other federal courts around the country in holding that only workers with a connection to the forum...more

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