In recent years and months, rising minimum wage has been top of mind for home-based care providers, adding another level of difficulty to attracting and retaining workers. But fair scheduling legislation that’s gaining steam in cities and states across the country could soon take center stage — and potentially make matters worse. Fair scheduling legislation […]
Littler Mendelson
Shortly after Jocelyn Mayo founded Pampering Plus, a Pennsylvania-based company that provides medical and nonmedical at-home services, a caregiver and private-pay client struck a deal to continue working together while cutting the agency out of the picture. Luckily, buyout agreements previously made with both parties helped Mayo recoup some of her losses. “[The client] paid […]
In many ways, 2018 was a coming of age for the home care industry, as it steadily became recognized as a key part of the overall continuum of care due to its ability to keep older adults safely at home and out of the hospital. Among the biggest changes to home care in 2018: the […]
The U.S. Department of Labor (DOL) says pay for home health aides can exclude travel and vary weekly as long as it still meets or exceeds minimum hourly wage. But overtime pay must be calculated accordingly. That’s according to guidance in an opinion letter from the department’s Wage and Hour Division (WHD). The letter addresses […]
For decades, companies have used noncompete clauses to retain top executives and protect trade secrets. But now, similar agreements are becoming more common among low-wage home care workers, which experts say can be a double-edged sword. As the caregiver shortage continues and the demand for home care increases, restrictive agreements will only become more common, […]
Typically, litigation trends in any given industry are on a bell curve — activity peaks and then starts to drop, as companies button-up their practices. But in home care, litigation has been pretty steady over the last three years, according to Angelo Spinola, a shareholder and attorney at international labor and employment legal firm Littler Mendelson. […]
Throughout the past several months, New York City officials have been investigating area home care agencies following reports of widespread noncompliance with labor laws and regulations. Findings from the major enforcement initiative — which has already resulted in tens of thousands of dollars in restitution and fines — were formally announced Tuesday by the New York […]
Home health care providers have been hit with several new regulations over the past few years, increasing operational challenges. And with more regulations on the books, some providers are finding themselves on the hook for not being compliant with the latest pay roll practices. Since 2015, the Department of Labor (DOL) has mandated that in-home care workers are […]
Pay practice claims brought forth by current or former workers at home health agencies are nothing new, but as the health care landscape shifts under the Trump administration, agencies need to be sure they are protecting themselves from potential lawsuits. President Donald Trump does not hide the fact that he is against many regulations that add […]