NAHC: 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…

NAHC 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…

Department 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…

Department 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…

House 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…

House 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…

3 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…

Department 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…

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

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…