Why Home Care Providers May Need to Rethink No-Hire Clauses

Home care providers have always taken measures to ensure that they’re able to hold on to staff – especially amid labor shortages – through clauses in client services contracts prohibiting the direct hire of a caregiver.

Now, various government agencies are cracking down on these measures.

“Government authorities, such as the Federal Trade Commission (FTC), and in some cases the Department of Justice, State Department of Justices’, and Department of Labor are focused in on those type of provisions with the angle or the thought that that’s a restriction,” Angelo Spinola, home health, home care and hospice chair at the law firm Polsinelli, told Home Health Care News.

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