Beyond Hospice: Home Health Agencies Plagued by UPICs and SMRCs
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
To better assure profitable homecare visits and encourage higher productivity, many homecare employers compensate field staff on a “per visit” or “fee for visit” basis. While utilizing this kind of compensation system is...more
On January 12, 2024, Governor Phil Murphy signed the Domestic Workers’ Bill of Rights (S723) into law, representing a landmark victory for labor rights groups across the state. The new law, effective July 2024, extends labor...more
In recent years, the Department of Labor’s Wage and Hour Division has increased enforcement activities in the home healthcare industry. On Tuesday, DOL announced recovery of over $500,000 from an Alabama agency found to have...more
A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally...more
The U.S. Department of Labor (“DOL”), through its Wage and Hour Division (“WHD”), has been intensifying its pursuit of Fair Labor Standards Act (“FLSA”) violations by residential care facilities, nursing facilities, home...more
Governor Hochul signed the New York State Budget for fiscal year 2023-2024 into law on May 3, 2023, bringing with it sweeping changes to the way home health care agencies and home care staffing agencies in the state will...more
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
The New York Office of the Attorney General (OAG) recently announced two agreements with White Glove Community Care, Inc. (White Glove). One agreement reached with OAG’s Labor Bureau involved unpaid wages to White Glove’s...more
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
Eleventh-Hour Trump Administration FLSA Classification Rule Revived- Just when residential healthcare employers thought it was safe to get back into the classification waters, a late-stage Trump administration rule,...more
Welcome to a special edition of our Healthcare Snapshot – this time with a Florida focus. We’re taking a deeper dive and examining how the U.S. Department of Labor (DOL) is focusing on whether home healthcare employees are...more
In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more
On April 9, 2022, New York passed a $20 billion, multi-year healthcare investment in the FY 2023 State Budget. According to Governor Kathy Hochul, the budget includes “historic investments that will rebuild the health care...more
Welcome to our latest Healthcare Snapshot, where we take a quick look at some of the most pressing issues facing employers in the industry. Even though COVID-19 numbers are generally trending in a positive direction,...more
In response to an industry long in crisis before the pandemic, President Biden’s American Jobs Plan allocates substantial investment in the caregiving industry. The Plan aims to allocate $400 billion toward expanding access...more
Governor Northam recently signed into law a half dozen new employment laws affecting employers in the Commonwealth of Virginia. Among these new laws are two that, beginning on July 1, 2021, will provide new protections for...more
Given the current political trifecta (where democrats control both houses of the state legislature and the governorship), paid sick leave proponents had high hopes that Virginia would follow other states’ lead and pass...more
The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during...more
When New York adopted a wage parity law setting minimum wage and benefit levels for home care workers, innovative home health care agency companies created a captive plan structure to meet the benefits requirements. Although...more
On April 3, 2020, New York Governor Andrew Cuomo signed the 2020-2021 state budget bills, part of which amended the New York’s Home Health Care Worker Wage Parity Law (“Wage Parity Law”). One of the key amendments made to...more
Effective May 1, 2020, Philadelphia became the tenth jurisdiction to enact employment legislation to protect domestic workers. The Philadelphia Domestic Worker Bill of Rights (DWBR) requires companies and individuals who...more
New York businesses who employ home healthcare workers or employees covered by the state prevailing wage laws must prepare to comply with changes to the state’s wage notice law. As part of the state budget, lawmakers amended...more
As our family continues to practice social distancing, we are always on the lookout for a new comedy series to take a bit of the bite out of this new normal. We found exactly that in the FX series What We Do in the Shadows, a...more
Philadelphia’s Domestic Worker Bill of Rights Law (DWL) took effect on May 1, 2020. Employers of domestic workers are required to notify their employees of their rights, maintain records to show compliance and provide a...more