Department of Labor Rules on when Workers from Home Care Registries are Employees

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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 Fair Labor Standards Act (FLSA). Home care registries typically match elderly and […]

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Misclassification Concerns in Staffing Relationships

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By: Angelo Spinola Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that contract with certain types of staffing agencies that rely on placing 1099 independent contractors for labor. Due to unprecedentedly tight labor markets, employers increasingly […]

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Misclassification Concerns in Staffing Relationships

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By: Angelo Spinola Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that contract with certain types of staffing agencies that rely on placing 1099 independent contractors for labor. Due to unprecedentedly tight labor markets, employers increasingly […]

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A new sheriff in town, to home care’s dismay

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There is no question that President Biden, from his politics to his style of governing, marks a major departure from his predecessor. At least one field, home care, is likely somewhat nostalgic for the previous administration. Let’s be honest. In terms of pay and employment issues, the current president has not exactly been a friend […]

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