Department of Labor
Dept of Labor Issues Favorable Live-In Home Care Worker Opinion
By Littler Mendelson In an excellent development for the home care industry, the U.S. Department of Labor (DOL) issued an Opinion Letter permitting agencies to utilize consistent “shift rates” that are inclusive of a pre-payment of overtime when agencies compensate caregivers providing live-in services and extended shift services of 24 hours or more. Littler Mendelson […]
Read MoreNew Dept of Labor Rule Leaves Home Care Unclear on Leave Exemption
On late Friday, the U.S. Department of Labor issued a “Temporary Rule” in response to an August 3, 2020 decision of a federal court in New York that invalidated the department’s earlier rulemaking. While there remains a legal issue as to whether the court’s ruling is limited to New York, DOL chose to issue a […]
Read MoreHow 3 New Dept of Labor Opinion Letters Can Help Your Agency
The U.S. Department of Labor (DOL) delivered a series of powerful shields to employers in the home health, hospice and home care industries in the form of three opinion letters. These letters provide useful guidance on mileage reimbursement, the “salary plus” pay method that serves as an alternative to the “pay per visit” pay method, […]
Read MoreDept. of Labor Issues New FAQs for Paid Leave as Schools Reopen
On August 27, the U.S. Department of Labor’s (DoL) Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. This guidance explains eligibility for paid leave relative to the varied formats […]
Read MoreNAHC: Home Care and Hospice Employees are Exempt Providers Under FFCRA
The US Department of Labor issued guidance over the weekend on standards and application of the extended sick and Family Medical Leave Act (FMLA) leave under the recent Covid-19 stimulus bills. The guidance addresses an important issue affecting home care and hospice companies. NAHC and others sought to have an exemption applicable to a “health care provider” to […]
Read MoreNAHC Files Comments to Dept. of Labor on if Home Care Workers Eligible for Leave
The National Association for Home Care & Hospice (NAHC) argued on Monday, March 23, in comments to the Department of Labor that nurses, therapists, home health and home care aides, and other personal care attendants be classified as “health care providers” and, thus, not “eligible employees” and subject to exclusion in the Emergency Family and […]
Read MoreDepartment of Labor Revises Rules for Joint Employer Status
On January 12, 2020, the Department of Labor announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). The final rule provides updated guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual […]
Read MoreDepartment of Labor Rule Extends Overtime to Over a Million Workers
The United States Department of Labor announced earlier this week a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). This final rule will be effective on January 1, 2020. This final rule updates the earning thresholds necessary to exempt executive, administrative, or professional employees […]
Read MoreHouse Approves Labor-HHS Spending Blueprint for FY2020
Last week the House of Representatives approved legislation that provides discretionary funding for the Department of Health and Human Services (HHS). In total, H.R. 2740 would dole out a combined $192 billion for the Departments of Labor, HHS, and Education, and their related agencies. Every year in the appropriations process specific funding levels need to […]
Read MoreHouse of Reps Contingent Seeks OSHA Workplace Violence Prevention Standard
In late February 2019, Rep. Joe Courtney (D-CT) and several other members of the U.S. House of Representatives introduced the Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1309). The Education and Labor Committee held a subcommittee hearing on the legislation on February 27. As of this writing H.R. 1309 has […]
Read More3 Federal Departments Endorse Site-Neutral Payment, Lifting Regulations
The Departments of Health and Human Services, Labor, and Treasury endorsed site-neutral payment and lifting three regulations that limit competition in health care in a new report issued on December 3, 2018. The report, Reforming America’s Healthcare System through Choice and Competition, is in response to an executive order from President Donald Trump calling for […]
Read MoreDepartment of Labor Rules on when Workers from Home Care Registries are Employees
This story from July 19, 2018 has been updated to include a correction. A memo from the United States Department of Labor Wage and Hour Division to field staff states that a registry that merely refers caregivers to clients, but controls no terms or conditions of the caregiver’s employment to be outside the purview of the […]
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