NAHC Comments on Dept of Labor’s RFI to Modernize Schedule A of Permanent Labor Certification Process

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On December 21, 2023, the US Department of Labor’s (DOL) Employment and Training Administration (ETA) issued a Request for Information (RFI) to consider revisions to the permanent labor certification process, specifically Schedule A of the process which outlines occupations in Science, Technology, Engineering, and Mathematics (STEM) and other non-STEM occupations, including nursing and physical therapy, […]

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Dept of Labor Seeks Comment on Permanent Labor Cert Process

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The Employment and Training Administration (ETA) of the Department of Labor is considering revisions to Schedule A of the permanent labor certification process. Interested parties are invited to provide input on this Request for Information (RFI) by February 20, 2024. Originally established in 1965 as an effort to address the workforce needs of employers, Schedule […]

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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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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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Comments on Dept. of Labor Proposed Salary Rule Due November 7

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On September 8, 2023, the U.S. Department of Labor (DOL) released proposed updates and revisions to regulations governed by the Fair Labor Standards Act, which pertain to exemptions from minimum wage and overtime pay requirements for executive, professional, and outside sales employees. These revisions notably involve raising the standard salary level for full-time employees from […]

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Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken

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On Tuesday, May 30, 2023, the Wage and Hour Division (WHD) published opinion letter FMLA2023-2-A, “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken”. In this letter, WHD explains that, under the Family and Medical Leave Act, the employee’s normal workweek is the basis of the employee’s […]

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Biden Executive Order Aims to Expand Access to Long-Term Care at Home

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President Joseph R. Biden signed an executive order in the Rose Garden on Tuesday, April 18, issuing over 50 directives to almost every Cabinet-level agency to expand access to long-term care and child care. (See White House fact sheet accompanying the executive order.) “The actions we are taking today are about dignity, security, working families, […]

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89% of US Department of Labor Investigations Revealed Violations

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As the nation recognizes Home Care and Hospice Month, the United States Department of Labor (DOL) presented a public webinar aimed primarily at the Southeast care industry so that employers and employees alike understand their rights and responsibilities under the Fair Labor Standards Act (FLSA). An alarming 89 percent of investigations completed between 2020 and […]

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89% of US Department of Labor Investigations Revealed Violations

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As the nation recognizes Home Care and Hospice Month, the United States Department of Labor (DOL) presented a public webinar aimed primarily at the Southeast care industry so that employers and employees alike understand their rights and responsibilities under the Fair Labor Standards Act (FLSA). An alarming 89 percent of investigations completed between 2020 and […]

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Dept of Labor Webinar to Address ‘Alarming Violations’ in Southeast Care Industries

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Thursday, Nov 17, 2022 11:00 AM to 12:30 PM Eastern Register now! Violations in 89 percent of investigations between 2020-2022, $16M in recoveries for workers As the nation marks Home Care and Hospice Month, the U.S. Department of Labor will hold a public webinar on federal wage and hour regulations for home care, residential care […]

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New Independent Contractor Test Increases Risk of Independent Contractor Misclassification in the Home-Based Care Industry

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By Angelo Spinola & Matthew Kapsak of Polsinelli The U.S. Department of Labor (“DOL”) is about to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The Proposed Rule, if adopted, will […]

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Hospice Notes for July 13, 2022

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Congress is facing a packed few weeks in the lead-up to the monthslong August recess. The potential revival of a slimmed-down reconciliation package sought by Senate Democrats remains top-of-mind for many DC watchers. While nothing is concrete at this point, it unfortunately appears likely that any smaller party-line reconciliation bill will omit major funding investments […]

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