Many employers struggle to comply with federal regulations issued by the DOL, NLRB, or the EEOC, especially when agency positions change. Last month, the Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Because of this decision, courts will now give statues their "best" interpretation, meaning agencies will have less leeway to write broad rules. Instead, they will have to write rules that are closer to statutory language. They may also have to defend some existing rules against closer scrutiny in court. And that closer scrutiny could upset some recently adopted or proposed rules, such as rules on overtime, safety inspections, and independent contracting.
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The House Committee on Education & the Workforce recently approved the Recognizing the Role of Direct Support Professionals Act, H.R.2941, towards a potential House floor vote. This legislation, already passed by the Senate (S.1332), aims to establish a standard occupational classification (SOC) for direct support professionals (DSPs). Currently grouped under broader categories like home healthcare aides, DSPs lack specific workforce data, hindering efforts to address their critical shortage. Supporters argue that a SOC designation would enable better data collection, aiding policymakers in addressing workforce challenges and improving access to home- and community-based services (HCBS). Despite committee approval, some lawmakers have expressed concerns that the bill does not go far enough to address DSPs' wage, benefit, and safety concerns.
HCAOA is proud to announce the return of the wildly popular virtual event designed specifically for home care providers and schedulers. The annual Home Care Schedulers Virtual Symposium: Strategies to Prepare for Unexpected Challenges & Tools to Help You Success will be held on Wednesday, September 18, from 1:00 – 2:30 p.m. ET.
Court Stays Effective Date of FTC Non-Compete Rule, Declines to Issue Nationwide Injunction7/17/2024 Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (FTC) proposed final rule (Final Rule) banning most noncompete agreements in the United States. However, the court’s order is fairly limited as it prevents the FTC from enforcing it only against the plaintiffs (Ryan, LLC) before the Court. For all other employers, the Final Rule will still take effect on September 4, 2024, unless halted by pending legal challenges.
The median turnover rate for professional caregivers jumped two percentage points, from 77.1% in 2022 to 79.2% in 2023, according to the 2024 Activated Insights Benchmarking Report (formerly Home Care Pulse). This marks the highest turnover rate since 2018, where turnover peaked at 81.6%. According to the report, almost four out of every five caregivers will turnover within their first 100 days on the job – a staggering statistic for an industry struggling with recruitment and retention of caregivers since the COVID-19 pandemic and beyond.
This webinar will help states by:
California’s new Health Care Workers Minimum Wage Law (S.B. 525), set to take effect July 1, has been delayed until October 15 at the earliest. Therefore, employers do NOT have to pay the higher minimum wage for health care facilities that was scheduled to go into effect on July 1, according to HCAOA Associate Member Attorney Bob King of Legally Nanny.
While the state minimum wage increases on January 1 of each year, local minimum wages usually increase on July 1. Employers with employees in Alameda, Belmont, Berkeley, Burlingame, Cupertino, Daly City, East Palo Alto, El Cerrito, Emeryville, Foster City, Fremont, Half Moon Bay, Hayward, Los Altos, Los Angeles (city and county), Malibu, Menlo Park, Milpitas, Mountain View, Novato, Oakland, Palo Alto, Pasadena, Petaluma, Redwood City, Richmond, San Carlos, San Diego, San Francisco, San Jose, San Leandro, San Mateo (city and county), Santa Clara, Santa Cruz, Santa Monica, Santa Rosa, Sonoma, South San Francisco, Sunnyvale and West Hollywood should doublecheck their local ordinances to make sure they are paying the latest minimum wage.
As of 7/1, California employers must have a Workplace Violence Prevention Plan in place. The state has published a model plan, which can be viewed here.
MyCTSavings, the state-sponsored retirement program, will be sending notifications to newly eligible employers in July, the program announced last week. The enrollment deadline is Aug. 31, 2024. To be eligible, businesses must have five or more employees, not offer a qualified retirement plan, and have been in business continuously since Jan. 1, 2023. State law requires eligible employers to either enroll in MyCTSavings or establish their own private plan.
An executive order was released last week that undocumented immigrants married to U.S. citizens, including their children, may remain in the U.S. while applying for permanent residence. Prior to this change, undocumented spouses were required to return to their home country to complete the application. HCAOA supports immigration reform to address the workforce shortage in the home care industry. This new policy could allow this demographic to enter the workforce at an expedited pace, providing an additional source for new employees.
By Elizabeth E. Hogue, Esq.
According to a recent analysis of Bureau of Labor Statistics data, healthcare is one of the most dangerous places to work. Homecare field staff members who provide services on behalf of private duty agencies, hospices, Medicare-certified home health agencies, and home medical equipment (HME) companies may be especially vulnerable. Contributing to their vulnerability is the fact that they work alone on territory that may be unfamiliar and over which they have little control. Staff members certainly need as much protection as possible. California’s new Health Care Workers Minimum Wage Law (S.B. 525) has received a lot of attention for phasing in a $25 minimum wage for many health care employees. Even as the law takes effect in less than two weeks, there are varying opinions about how it impacts home care companies in the state.
California’s Health Care Workers Minimum Wage Law: What Does It Mean for Home Care Agencies?6/12/2024 HCAOA has been following California’s newly-implemented minimum wage law (SB 525), which will increase the minimum wage for health care workers to $25 per hour in the coming years and how it impacts home care agencies. This legislation has sparked significant interest due to its implications for minimum wage adjustments for California healthcare workers. However, its impact on home care agencies may not be as widespread. Generally, the new law impacts home care agencies in two specific scenarios: subcontracting arrangements and affiliation with hospital systems.
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