Update on the Status of Non-Competes and What to Expect in 2024

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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 […]

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ANCOR Survey Demonstrates Ongoing Workforce Challenges

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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 […]

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Department of Labor Unveils Independent Contractor Test

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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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CMS Issues Guidance on Direct Care Worker Registries

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On December 12, 2023, the Centers for Medicare and Medicaid Services (CMS) released an informational bulletin on the development of Direct Care Worker Registries. Although CMS’ guidance does not include any new policy, it reminds states of the ability to develop these registries and use them as tools to support workforce retention, recruitment, and credentialing. […]

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CMS Issues Guidance on Direct Care Worker Registries

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On December 12, 2023, the Centers for Medicare and Medicaid Services (CMS) released an informational bulletin on the development of Direct Care Worker Registries. Although CMS’ guidance does not include any new policy, it reminds states of the ability to develop these registries and use them as tools to support workforce retention, recruitment, and credentialing. […]

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Safety Matters: Protecting Home Care Workers from Violence

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Although not a new problem, violence against home care workers has seen an increase in recent years. Join us for an informative panel discussion on the crucial topic of safeguarding home care workers from violence within the homes they serve. This timely webinar brings together three expert speakers who will share their knowledge, experiences, and […]

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CMS Seeks Input on Training Modules for Home Health Staff

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Below is an invitation for home health agencies to share ideas on a very interesting project aimed at developing training modules for home health nurses and allied professionals. The project has been initiated by the Centers for Medicare & Medicaid Services (CMS). The following message is from the CMS contractor for the project. FYI: Copying […]

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Dept Of Labor Issues Template Home Care Worker Employment Agreements

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The U.S. Department of Labor recently issued a template home care worker employment agreement to increase visibility of employee rights and employer responsibilities. This document comes as a result of an April 2023 Executive Order titled Increasing Access to High-Quality Care and Supporting Caregivers. The Executive Order called on the Department of Labor to develop […]

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NLRB Expands Definition of “Joint Employer” Yet Again

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The National Labor Relations Board (“Board”) published its final rule in the Federal Register, which has the effect of greatly expanding who may be considered a “joint employer” under the National Labor Relations Act (“Act”). Under the final rule published October 27, 2023, two or more companies are considered “joint employers” of particular employees if […]

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Labor Ruling Could Have Big Impact on Care at Home

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The National Labor Relations Board (NLRB) made a significant announcement on October 27, 2023, by unveiling its final rule for determining joint-employer status, set to come into effect on December 26, 2023. This ruling marks a departure from the NLRB’s 2020 stance and returns to a more traditional approach reminiscent of the Browning-Ferris decision from 2015. The heart […]

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