News & Analysis as of

Wage and Hour Healthcare Health Care Providers

Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

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Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more

Whiteford

Employment Law Update: Maryland’s Restrictions on Non-Compete Agreements for Healthcare Professionals, Among Other Employment...

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As of July 1, 2025, Maryland prohibits or restricts non-compete provisions for nearly all healthcare professionals. The prohibition applies to individuals: (1) required to be licensed under the Maryland Health Occupations...more

Polsinelli

HCBS Update: Indiana Implements Home-Grown 70/30 Direct Caregiver Compensation Requirement

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Executive Summary: On July 10, 2025, Indiana Medicaid issued guidance to providers of attendant care and structured family caregiver services requiring providers to pass through a specific percentage of their Medicaid...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

Littler

California Health Care Employers Must Implement California Health Care Minimum Wage Raise By October 16, 2024

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Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was...more

Littler

California Raises Health Care Minimum Wage, Expands to Affect More Positions

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California recently enacted Senate Bill 525, adding sections 1182.14 and 1182.15 to the California Labor Code and substantially raising the base minimum wage for health care workers. The new law also expands the definition of...more

Littler

New York Department of Health Sets New Due Dates for Submission of Home Care Worker Wage Parity Compliance Certifications and...

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On September 21, 2023, the New York Department of Health (DOH) issued guidance addressing the due dates for Medicaid Managed Care Organizations (MMCOs), Certified Home Health Agencies (CHHAs), Licensed Home Care Services...more

Robinson & Cole LLP

Health Law Diagnosis - Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and...

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On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-204, “An Act Concerning the State Budget for the Biennium Ending June 30, 2025, and Making Appropriations Therefor, and Provisions Related to...more

Robinson+Cole Health Law Diagnosis

Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and Overtime

On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-204, “An Act Concerning the State Budget for the Biennium Ending June 30, 2025, and Making Appropriations Therefor, and Provisions Related to...more

Polsinelli

The U.S. Department of Labor Intensifies Scrutiny of Wage and Hour Violations in the Home and Health Care Industry

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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

Littler

New York State Budget Brings Sweeping Changes to the Home Health Care Industry

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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

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

Polsinelli

Minimum Wage Increase for Employees of Florida Medicaid Providers

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On June 2, 2022, Governor DeSantis signed the “Freedom First Budget” for Fiscal Year 2022-2023 for the sole purpose of increasing the minimum wage for employees and independent contractors of Medicaid providers to at least...more

Akerman LLP - Health Law Rx

Florida Medicaid Providers: Action is Required by October 1, 2022

Check your mailboxes.  AHCA is sending out postcards to existing Florida Medicaid providers (Providers) alerting them to upcoming changes in the Florida Medicaid program.  These changes require Providers to pay certain of...more

Robinson+Cole Health Law Diagnosis

New Jersey Governor Signs Act Concerning Changes in Control of Health Care Entities

On August 18, 2022, New Jersey Governor Phil Murphy signed S-315, “An Act concerning changes in control of health care entities” (the Act). The Act implements employment protection for healthcare workers when certain licensed...more

Littler

New York Department of Health Extends Deadline and Issues Additional Guidance for Health Care Worker Bonus Program

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In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees....more

Littler

New York State Announces Health Care and Mental Hygiene Worker Bonus Program Requiring Employers to Administer Bonuses

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On August 3, 2022, New York Governor Kathy Hochul announced the opening of the $1.2 billion dollar Health Care and Mental Hygiene Worker Bonus Program aimed at rewarding and retaining frontline healthcare and mental hygiene...more

Littler

Ontario, Canada Appeal Court Affirms Finding that Midwives Were Underpaid Due to Gender Discrimination

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In Ontario (Health) v. Association of Ontario Midwives, the Court of Appeal for Ontario (OCA) was satisfied with the reasonableness of the Human Rights Tribunal of Ontario’s (HRTO) finding that the Ministry of Health (MOH)...more

Jackson Lewis P.C.

Philadelphia: Public Health Emergency Leave; Healthcare Worker Pandemic Pay, Benefits

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Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill...more

Snell & Wilmer

Oversight & the CARES Act – Be Prepared

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On March 27, the largest stimulus package in American history, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law by President Trump, which will ultimately inject $2.2 trillion into the...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Fisher Phillips

Both Questions and Innovations Abound as Healthcare Services Increasingly Look To Gig Workers

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As the gig economy surges, on-demand workers are popping up in wider variety of industries. Trends indicate that the proportion of the U.S. workforce engaging in some form of gig arrangement will continue to increase, rising...more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

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The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

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