FLSA
Department of Labor Withdraws Independent Contractor Rule
The U.S. Department of Labor announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA). The Department is withdrawing the rule for several reasons, including: The independent contractor rule was in tension with the FLSA’s text and […]
Read MoreDept of Labor Plans to Rescind Rules on Independent Contractors, Joint Employer Relationships
The U.S. Department of Labor today announced plans to rescind two final rules under the Fair Labor Standards Act. The first Notice of Proposed Rulemaking proposes the withdrawal of the Independent Contractor Final Rule issued by the department on issued on Jan. 7, 2021, for several reasons. They include the following: The rule adopted a new “economic reality” […]
Read MoreLittler “Ask the Experts”: Payroll Audit Independent Determination Program
Through NAHC’s partnership with Littler Mendelson P.C Labor & Employment Law Solutions, we are excited to share the “Ask the Experts” Article. Each week, we will feature a new question, from you our members, related to workplace issues and topics that will be answered from our experts and partners at Littler. This week’s question comes […]
Read MoreGAO Report: Home Care Rule Led to Difficulty Accessing Care, Not Higher Pay
The Home Care Rule, created by the Department of Labor in 2015 to extend wage and overtime provisions to home care workers, resulted in patient difficulty accessing care, the end of some services, and limits on working hours for home care aides, but did not result in higher pay for those workers, according to 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 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 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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