Tag Archives: home care

DOL Issues Field Assistance Bulletin Providing Guidance on Classification of Home Care, Nurse, or Caregiver Registries Under the FLSA Continue Reading…

Last Friday, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-4 to help guide the DOL Wage and Hour Division field staff as to the correct classification of home care, nurse, or caregiver registries under the Fair Labor Standards Act (“FLSA”). This is the most recent piece of guidance on a topic first addressed by the DOL in a 1975 Opinion Letter. The bulletin is noteworthy in two respects. First, it confirms that the DOL continues to view a registry that simply refers caregivers to clients but controls no terms or conditions of the caregiver’s employment activities as outside the purview of the FLSA. Second, and most helpfully, the bulletin provides specific examples of common registry business practices that may establish the existence of an employment relationship under the FLSA.

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Home care changes: What you need to know

The Department of Social Services (DSS) has issued a discussion paper announcing that from February 2017, the home care system is set for major changes that will substantially affect the delivery of home care by approved providers.  Any existing residential or flexible care provider will be able to ‘opt in’ to deliver home care and there will be a redirection of the management of packages from the approved provider to the care recipient. The discussion paper continues the overall reforms announced in the Living Longer Living Better reforms of 2013.

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