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Independent Contractors Misclassification Healthcare Workers

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Jackson Lewis P.C.

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

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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

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

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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

Troutman Pepper Locke

How Health Care Systems Can Guard Against Independent Contractor Misclassification ‎Liability for Contract Nurses

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We can learn quite a lot from a legal challenge faced by other business organizations in the same industry. In September, we noticed that a large health care system operating in seven states west of the Mississippi had been...more

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

DOL Proposed Rule Moves Revised Employee/Independent Contractor Classification Framework Forward

Fox Rothschild LLP on

On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses– May 2022

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GOVERNMENT CONTRACTS - SBA Requests Comments on Potential Change in Size Standard for Resellers - On April 26, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule regarding its small business size...more

Fisher Phillips

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

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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

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

April 2021: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Independent Contractor vs. Employee: Federal Appeals Court Instructs How to Structure Physician Agreements To Avoid...

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While the use of independent contractors in the healthcare industry has been a longstanding practice, it is now front and center as the gig economy continues to expand across several industries and the preference for...more

Fisher Phillips

September 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

2nd Cir. Rules Utilization Reviewer Was Exempt “Professional”

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Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more

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

Looking Back to Look Forward: Healthcare Developments in Labor and Employment Law

The year 2018 was a busy one for healthcare employers. Below are some of the key developments from 2018 and issues that employers should be on the lookout for in 2019. Pay Equity - Pay disparity between male and female...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Industry Companies Must Be Wary of Classifying Any Workers As Independent Contractors, In Light of the California...

As you may have seen in our recent article on the Labor and Employment Law Blog, the California Supreme Court recently issued a landmark decision in the case of Dynamex Operations West, Inc. v. Superior Court. In its ruling,...more

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