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Earlier this month, the U.S. Department of Labor proposed regulations that would substantially reduce overtime obligations for home care and related employers. ...more
Employers in the home health care industry should take note of a recent proposal by the U.S. Department of Labor (DOL) that could change the way employees providing companionship services and live-in domestic services are...more
On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more
Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act....more
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
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
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
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
The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care industry, where compliance issues...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
Portions of the regulations issued by the U.S. Department of Labor Wage and Hour Division interpreting the Families First Coronavirus Response Act were struck down yesterday by Judge J. Paul Oetken of the U.S. District Court...more
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
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
On March 26, 2019, the New York State Court of Appeals, New York’s highest Court, issued a highly anticipated decision that has major impacts for the home health care industry in New York. The question before the Court was...more
A Bit of Background Home health aides are often hired through a health care agency to work 24-hours shifts caring for elderly or infirm family members. But what about the law requiring employers to pay overtime where an...more
On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more
On March 26, 2019, the New York State Court of Appeals issued a ruling that will have a significant positive impact on home care agencies across the state. In a five-to-two decision, the Court upheld the validity of the New...more
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
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
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
Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...more
With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency...more
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more
Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more