Tag: Fair Labor Standards Act

89% of US Department of Labor Investigations Revealed Violations

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…

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

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…

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 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…