Wage and Hour, Employment Litigation, Home Health Care

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

Marshall Dennehey on 6/30/2025

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

Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

Parker Poe Adams & Bernstein LLP on 2/7/2025

For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more

A Welcome Sea Change For Employers Defending FLSA Collective Action Cases

BakerHostetler on 9/1/2023

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/9/2022

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

Dialysis & Nephrology Digest - December 2020 #2

Benesch on 12/17/2020

Proposed class action alleges DaVita subsidiaries withheld wage premium during declared COVID health emergency - According to a proposed class action filed in Washington state, an employee at Total Renal Care contends the...more

Labor and Employment Issues Facing the Healthcare Industry

Littler on 7/12/2019

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/22/2019

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for...more

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

Farrell Fritz, P.C. on 4/16/2019

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Emergency New York Department of Labor Amendment Attempts to Clarify Pay Requirements for Home Health Care Workers

Hogan Lovells on 11/10/2017

The home health care industry has been buffeted in the past year by almost constant winds of change and conflicting guidance. Home health care agencies, which provide crucial live-in aides to New York’s most vulnerable,...more

Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

Littler on 9/18/2017

A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants....more

Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts

Seyfarth Shaw LLP on 5/2/2017

Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The...more

New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

Littler on 4/17/2017

As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more

24-Hour Home Care Workers Must Be Paid For All 24 Hours (Appellate Division, First Department, New York Supreme Court)

FordHarrison on 4/14/2017

Tuesday, April 11, 2017, the First Department, Appellate Division of the NYS Supreme Court held that 24-hour case home care workers must be paid for all 24 hours if they are “nonresidential,” that is, they do not exclusively...more

Wage and Hour › Employment Litigation › Home Health Care

"My best business intelligence, in one easy email…"