HR Management & Compliance

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly and the infirm.

Proposed rule on the exemption for companionship and live-in domestic services.

DOL fact sheet with proposed changes to companionship and live-in worker rules.

Some eldercare workers fall under the FLSA's "companionship exemption" provision, but under the proposed rule, third-party employers (such as health care staffing agencies) could not claim the exemption – only direct hires by families could trigger a valid claim for it.

Here, healthcare and employee benefit attorney Cynthia Marcotte Stamer alerts the home health industry (a business line that has certainly got the government’s enforcement attention): The feds are on your trail again, with a rash of investigations and restitutions. She writes:

The proposed tightening of regulations for home health workers follows a general toughening by WHD of its regulation and enforcement of wage and hour laws in the health care industry.
And points to DOL enforcement on HHAs. 

Home health care company in Dallas agrees to pay 80 nurses more than $92,000 in back wages following US Labor Department investigation;

US Department of Labor secures nearly $62,000 in back overtime wages for 21 health care employees in Pine Bluff, Ark.;

US Department of Labor initiative targeted toward increasing FLSA compliance in New York?s health care industry;

US Department of Labor initiative targeted toward residential health care industry in Connecticut and Rhode Island to increase FLSA compliance

For more, see our Dec. 15 post.

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