In-Home Care Providers May Face More Workplace Discrimination Lawsuits Moving Forward

In-home care providers may have another legal concern to watch out for during the remainder of 2020 and beyond. At a time when states are seeing widespread protests against police violence toward Black Americans and other people of color, workplace discrimination is increasingly being thrust into the spotlight. With conversations surrounding deep-rooted racial injustice growing […]

What Home-Based Care Agencies Need to Know About OSHA’s New Guidelines

In an effort to ease some of the COVID-19 burden, federal regulators have relaxed certain restrictions on home-based care providers since the Trump administration declared a public health emergency on March 13. But while the Centers for Medicare & Medicaid Services (CMS) and other agencies loosen their grip, the Occupational Safety and Health Administration (OSHA) […]

Loopholes in COVID-19 Unemployment Program Threaten to Deplete Home Care Workforce

In the past two weeks, nearly 10 million people have filed for unemployment, pushing the jobless rate “certainly higher than at any point since the Great Depression,” according to the New York Times. These unprecedented times have prompted unprecedented benefits: Thanks to new pandemic unemployment assistance (PUA) created by the Coronavirus Aid, Relief, and Economic […]

Home Care Providers Presumably Exempt from New Paid Sick Leave Rules — But Further Clarification Needed

The Department of Labor (DOL) has clarified which health care providers are exempt from new federally mandated paid sick and parental leave rules that were introduced in response to COVID-19. While home health care providers are officially in the clear, many nonmedical home care providers remain uncertain — yet optimistic — about where they stand. […]

Home Care Agencies Seek Exemption Status in Potentially Devastating COVID-19 Relief Law

Home care providers waiting to see how they’ll be affected by new federally mandated paid sick leave policies tied to the COVID-19 emergency will likely have to wait a little longer. On Wednesday evening, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) into law, which — broadly — gives workers guaranteed paid […]

Federally Mandatory Paid Sick Leave Would ‘Add Fuel to the Fire’ for In-Home Care Providers

As the national concern over COVID-19 — the coronavirus — continues to grow, U.S. lawmakers have introduced legislation that would require all employers to provide paid sick leave to workers. If passed, the bills would likely place a bigger squeeze on the country’s home-based care providers, which often operate on razor-thin profit margins. On Friday, […]

‘Gotcha Cases,’ Unionization Threats and Caregiver-Rights Laws: In-Home Care Legal Trends for 2020

In 2019, home care providers in California went to legal battle against legislation triggering the public disclosure of caregivers’ contact information. Home care providers in Connecticut, New York and Chicago, meanwhile, fought heated contests against predictive-scheduling regulations. These were just some of the legal trends that shaped the in-home care space last year. In 2020, […]

HIPAA Compliance, Domestic Workers Bill of Rights Emerging as Key Home Care Legal Issues

In order to avoid costly legal issues, in-home care providers need to stay on top of the constantly evolving legislation landscape. A major part of this is being proactive and getting in front of compliance before it becomes an issue, according to Angelo Spinola, attorney and shareholder at San Francisco-based legal firm Littler Mendelson. “The […]

Bill That Could Increase Home Health Labor Costs Signed into Law

A labor bill that widens the scope of who is considered an employee in one state has been signed into law. California Governor Gavin Newsom, a Democrat, signed the legislation Wednesday — potentially creating problems for some home health and hospice providers there going forward. “It will definitely have implications for [home-based] care,” National Association […]