Workforce
Fed Trade Commission Bans New Non-Competes

On Tuesday, April 23, 2024, in a 3-2 partisan line vote, the Federal Trade Commission (FTC) issued a new rule effectively banning new non-compete agreements in all employment contexts. Initially proposed in draft form in January 2023, the highly anticipated rule is expected to have significant impacts on employers in a wide swath of industries […]
Read MoreImprove Safety at Work

The issue of workplace safety has never been more important in the care at home community. It will not be possible to build the large, robust, and well-trained workfoce needed to care for the vast majority of Americans who want to age in place in their own homes and communities if people do not feel […]
Read MoreRecognizing the Crucial Role of Direct Care Workers in Home Health Care: The Impact of the Direct Support Professionals Act

Direct support professionals (DSPs) are the backbone of home care, providing essential assistance to the clients and patients served by home care, home health, and hospice providers around the country. Senators Maggie Hassan (D-NH) and Susan Collins (R-ME) introduced the Direct Support Professionals Act to address the critical shortage of these workers and improve the […]
Read MoreRecognizing the Crucial Role of Direct Care Workers in Home Health Care: The Impact of the Direct Support Professionals Act

Direct support professionals (DSPs) are the backbone of home care, providing essential assistance to the clients and patients served by home care, home health, and hospice providers around the country. Senators Maggie Hassan (D-NH) and Susan Collins (R-ME) introduced the Direct Support Professionals Act to address the critical shortage of these workers and improve the […]
Read MoreNAHC Comments on Dept of Labor’s RFI to Modernize Schedule A of Permanent Labor Certification Process

On December 21, 2023, the US Department of Labor’s (DOL) Employment and Training Administration (ETA) issued a Request for Information (RFI) to consider revisions to the permanent labor certification process, specifically Schedule A of the process which outlines occupations in Science, Technology, Engineering, and Mathematics (STEM) and other non-STEM occupations, including nursing and physical therapy, […]
Read MoreHospices: Report All Managing Employees

The Center for Medicare & Medicaid Services (CMS) recently clarified that hospice medical directors and administrators are always considered managing employees for Medicare provider enrollment purposes. You must report all current managing employees. If you haven’t reported a medical director or administrator, report them now. See the Medicare Program Integrity Manual: CY 2024 Home Health Prospective Payment System […]
Read MoreDept of Labor Seeks Comment on Permanent Labor Cert Process

The Employment and Training Administration (ETA) of the Department of Labor is considering revisions to Schedule A of the permanent labor certification process. Interested parties are invited to provide input on this Request for Information (RFI) by February 20, 2024. Originally established in 1965 as an effort to address the workforce needs of employers, Schedule […]
Read MoreSBA Announces PPP Loan Forgiveness

Earlier this month, the Small Business Administration (SBA) announced an important deadline extension for certain Paycheck Protection Program (PPP) borrowers that could impact many entrepreneurs and small business owners. Specifically, the SBA has set a new March 3, 2024 deadline for defaulted (PPP) borrowers with loans under $100,000 to apply for forgiveness. The new application […]
Read MoreEnsuring the Safety and Well-being of Home Care Providers: A Call to Action for Comprehensive Solutions

In the wake of the tragic death of home care nurse Joyce Grayson, the National Association for Home Care & Hospice (NAHC) stands firm in its commitment to advocating for legislative and regulatory measures aimed at safeguarding home care providers. Grayson’s untimely death serves as a stark reminder of the urgent need for enhanced protections […]
Read MoreUpdate on the Status of Non-Competes and What to Expect in 2024

By Scott Gilbert, Eric Packel, Emma Schuering and Jason Weber at Polsinelli.com On January 9, 2024, shareholders in our Restrictive Covenant and Trade Secret Practice Group conducted a webinar covering “What Employers Need to Know About Non-Competes in 2024.” A recording of that webinar is available here. Below, the team addresses some of the additional […]
Read MoreANCOR Survey Demonstrates Ongoing Workforce Challenges

In December 2023, ANCOR, the trade association that represents providers of service to individuals with intellectuals and developmental disabilities, released a report providing information on the state of the ID/DD workforce. The ANCOR publication further demonstrates the prolific and systemic challenges with recruiting and retaining sufficient staff to deliver home care services. Some of their […]
Read MoreDepartment of Labor Unveils Independent Contractor Test

The anticipated details of the Department of Labor’s updated Independent Contractor test were unveiled on January 9, 2024 and published in the Federal Register on January 10, 2024, significantly impacting how companies can classify workers. This issue has been contentious ever since the Trump administration’s prior proposal was rejected by the current DOL. The new […]
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