News & Analysis as of

Home Healthcare Workers Proposed Rules

Jackson Lewis P.C.

Home Care Agencies and Their Clients Could Get Relief Through DOL Proposal to Reinstate Companionship, Live-In Exemptions

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The “companionship services” exemption to Fair Labor Standards Act (FLSA) minimum wage and overtime requirements would again be available to third-party agencies that employ home caregivers and live-in domestic service...more

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

DOL Proposes Rule to Return Home Healthcare Agency Workers to FLSA Exempt Status

On July 2, 2025, the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a proposed rule that would allow third-party home healthcare providers to rely on the domestic service exemption that existed under the...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

Robinson+Cole Health Law Diagnosis

CMS Proposes New Rule that Would Require 80% of Payment to Go Toward Home Care Worker Compensation

On April 27, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Notice of Proposed Rulemaking entitled Ensuring Access to Medicaid Services (Proposed Rule) which would, among other things, establish...more

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

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

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