Critical New Webinar: Covid Vaccine and Your Workforce

Tune into a one-hour webinar featuring top experts in home care on the current trends and state of navigating the COVID-19 vaccine with your caregiver employees.

The webinar will air live on Tuesday, February 2, 2021 from 1:00PM Eastern Time (12:00PM CT) and will last for 60 minutes.

The webinar is complimentary, but open only to the first 1000 registrants.

REGISTER NOW

Want to know if you should mandate vaccine, how to track it, how other agencies are navigating various State requirements, and how to message your team to both stay compliant and inspire caregivers to get the shot? Join us for a powerful session to explore the latest trends and to get answers from Littler home care labor attorney, Angelo Spinola.

Speakers:

Angelo Spinola
Shareholder | Littler

Brandi Kurtyka
Chief Executive Officer | myCNAjobs

Questions can be submitted prior and a minimum of 30-minutes will be dedicated to live Q&A.  

Can’t make it? Register for a recording to be distributed the day after the webinar.

NAHC Webinar: Home Care Industry Update: Year in Review and 2021 Projections

The National Association for Home Care & Hospice (NAHC) and the law firm Littler Mendelson will present a new webinar, Home Care Industry Update: Year in Review and 2021 Projections, on Tuesday, December 15, 2020 from 2:00-4:00 PM Eastern. If you cannot attend in person, you can register for the free recording of the event. The National…

“Littler: Ask the Experts”

Through Private Duty Home Care at 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 from one of our Private Duty Home Care members and concerns pay for travel time to assignments.

Question: I just started my own agency and one of my employees, a home care aide, is asking if she is entitled to additional pay for the time it takes her to drive to her client’s homes. Is this something I am required to pay?

Answer by Angelo Spinola

Different states have different rules for travel time, but generally speaking work related travel between client homes within a single day of work must be paid under federal and state law.  Under federal law, the Portal-to-Portal Act eliminates “from working time certain travel and walking time and other similar ‘preliminary’ and ‘postliminary’ activities performed ‘prior’ or  ‘subsequent’  to  the  ‘workday’  that  are  not  made  compensable  by  contract,  custom,  or practice.”  29 C.F.R. § 785.9.  Thus, employers do not typically have to compensate employees under the following two situations: (1) normal home-to-work and work-to-home travel; and (2) other activities considered preliminary and postliminary to an employee’s principal job activities. Id.   As such, home to work, or work to home travel, is not compensable in an ordinary situation. 

 Under federal law, assuming an employee has engaged in no work activities prior to the start of travel, employers generally do not have to count as time worked the time an employee spends “walking, riding, or traveling to and from the actual place of performance of the principal activity or activities, which such employee is employed to perform” either at the beginning or end of the workday.  29 C.F.R. § 785.34.  However, travel time from job site to job site during the course of the work day is considered work time. 29 C.F.R. § 785.38. The United States Department of Labor has advised that, where the travel is not direct from job site to job site, such that the employee is relieved from duty for a period sufficient to engage in purely personal pursuits, only the time necessary to travel directly from the first job site to the second job site is considered compensable travel time.  See United States Department of Labor, Wage and Hour Division, Domestic Service Final Rule Frequently Asked Questions (FAQ), http://www.dol.gov/whd/homecare/faq.htm.  The U.S. DOL’s FAQ materials provide the following example:

Tiffany is a direct care worker who is employed by Handy Home Care Agency. She provides services to two of the agency’s clients, Mr. Jackson, from 9:00am to 11:30am, and Mr. Smith, from 2:00pm to 6:00pm. Tiffany drives to the two different worksites which are 30 minutes apart. She leaves Mr. Jackson’s home at 11:30am and goes to a restaurant for lunch, shops for herself, and then arrives at Mr. Smith’s home at 2:00pm.

Because Tiffany is completely relieved from duty long enough to use the time effectively for her own purposes (i.e., lunch and shopping) not all of the time is hours worked. The 30 minutes required to travel between the two homes is hours worked and, as of January 1, 2015, must be paid by the Handy Home Care Agency even though Tiffany did not travel directly between consumers.

About Littler

At Littler, we understand that workplace issues can’t wait. With access to more than 1,500 employment attorneys in over 80 offices around the world, our clients don’t have to. We aim to go beyond best practices, creating solutions that help clients navigate a complex business world. With deep experience and resources that are local, everywhere, we are fully focused on your business. With a diverse team of the brightest minds, we foster a culture that celebrates original thinking. And with powerful proprietary technology, we disrupt the status quo – delivering groundbreaking innovation that prepares employers not just for what’s happening today, but for what’s likely to happen tomorrow. For over 75 years, our firm has harnessed these strengths to offer fresh perspectives on each matter we advise, litigate, mediate, and negotiate. Because at Littler, we’re fueled by ingenuity and inspired by you.

Angelo Spinola is a Shareholder with Littler Mendelson P.C., and is a lead attorney for the Home Care Practice Group. He represents home care employers across the country in various types of actions brought under the Fair Labor Standards Act and various state wage and hour laws. Appearing on behalf of employers in federal and state courts and administrative tribunals throughout the U.S., Angelo has litigated all types of discrimination cases, including age, disability, race, national origin, sex, harassment and retaliation. Angelo’s experience also includes helping employers respond to wage and hour investigations by the Department of Labor and state agency equivalents, conducting wage and hour practices audits, developing compliance measures that minimize wage and hour exposure, and representing management in grievance arbitrations. Additionally, Angelo assists employers with promoting an issue-free work environment through counseling, training and other preventive strategies. He also conducts training on employment-related issues for management personnel, lawyers and human resources professionals. Angelo received a J.D. from George Washington University Law School.

How 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,…

NAHC Webinar: Home Care Industry Update

RESERVE YOUR SPOT NAHC has partnered with Littler Mendelson, the Home Care Association of America (HCAOA), and the Private Duty Homecare Association (PDHCA) to provide a webinar series to assist home health and home care providers to navigate through the complex and seemingly ever-changing legal landscape brought about by the COVID-19 pandemic. The latest webinar…

Webinar: Implicit Bias in the Healthcare Industry: How It’s Making Us Sick(er)

The National Association for Home Care & Hospice (NAHC) invites its members to join the Home Health and Home Care Industry Group and the Diversity Practice Group for a new webinar, Implicit Bias in the Healthcare Industry: How It’s Making Us Sick(er), which will air on Thursday, June 16, 2020 from 12:00Noon to 1:30PM ET. This…

Webinar: Home Care Industry Policy Update

The National Association for Home Care & Hospice (NAHC) will present a new webinar on the latest legal, legislative, and regulatory developments impacting the home care industry, how they will affect your organization, and what you can do to position your agency for the future. The webinar will air live on Thursday, June 18, 2020…

New NAHC Webinar Series Starts Tomorrow: Employment Issues During COVID-19

The National Association for Home Care & Hospice (NAHC) will be co-hosting a free weekly webinar series with Angelo Spinola of Littler Mendelson and the Home Care Association of America (HCAOA) to provide home care and hospice professionals with substantive updates on home health and home care employment issues sand shed light on the industry’s…

Don’t Miss the Premier Private Duty Home Care Webinar on January 23

The National Association for Home Care & Hospice (NAHC) and Littler Mendelson will present a new Private Duty Current Trends in Regulatory & Legal Issues webinar this month – 2019 Year in Review and 2020 Predictions in Home Care. This free webinar will air on Thursday, January 23, 2020 from 2:00 PM to 3:30 PM…

Private Duty Quarterly Update: Drug Testing in the Workplace

The National Association for Home Care & Hospice (NAHC) will present a new educational webinar entitled “Drug Testing in the Workplace: The Dos, and Don’ts, and the Maybes” from 2:00 PM to 3:30 PM Eastern Time on Thursday, October 24, 2019. REGISTER NOW! This webinar for private duty members will provide regulatory, and legal updates…