As we reported last week, the U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. This final rule revises the Department’s guidance on how to analyze who is an employee versus who is an independent contractor, and its release has been anticipated for some time. It is scheduled to go into effect on March 11, 2024.
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On January 9, 2024, the U.S. Department of Labor announced a final rule, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), that was published on January 7, 2021 and replaces it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. This McKnights podcast will explore the intersection of technology and the evolution of value-based care. MatrixCare and the American Health Care Association discuss the challenges faced by post-acute providers in the value-based care model and what the role of technology in overcoming these challenges are. To listen to the podcast, click here. Last week, the Chicago City Council voted to delay the paid leave changes in the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) from January 1, 2024 to July 1, 2024.
The Illinois Cook County Board of Commissioners passed significant amendments to the former Cook County Earned Sick Leave Ordinance, shifting to the Cook County Paid Leave Ordinance.
Last week, the White House announced the American Rescue Plan Act has invested $37 billion in home- and community-based services (HCBS), significantly more than the $12 billion in federal funds due to matching investments by all 50 states and DC. CMS also released new guidance to states to leverage worker registries which can help beneficiaries find qualified HCBS providers.
Beginning in March, a new vendor is scheduled to start as the state’s new fiscal intermediary for operating payroll processing for self-directed personal care attendants and home care workers funded through the Department of Social Services. GT Independence of Michigan was awarded a three-year, $126 million contract to take over for Allied Community Services, a nonprofit based in Enfield.
The Florida Department of Elder Affairs (DOEA) has released the one-hour Alzheimer’s training that is now required for all caregivers. The link to the training is below. Once the course is taken, the certificate of completion does not expire.
Last week, the New York City Council passed a bill mandating that a comprehensive workers' bill of rights be published on the city website. The legislation outlines provisions, including the identification of labor laws protecting employees and contractors, information on the right to unionize, and clarification that these rights extend regardless of immigration status. The finalized bill of rights is slated for online publication by March 1, 2024. Employers must distribute copies to current employees by July 1, 2024, and to new hires on their first day. Penalties of $500 may be imposed on non-compliant employers, but a 30-day cure period is allowed after the first complaint.
This week, HCAOA teamed up with the Connecticut Association for Health Care at Home for an important discussion about the safety of home care workers following the recent murder of a home health nurse in a client’s home. Pamela Hunter, Ph.D., CSP, Senior Loss Control Consultant from Workers’ Compensation Trust provided information about workplace safety management and de-escalation training. Safety is such an important issue for all home care providers, so HCAOA is making this valuable session available to all members.
The Home and Community-Based Services (HCBS) landscape in the United States is facing a critical shortage, with all states reporting deficiencies in HCBS workers, particularly among direct support professionals, personal care attendants, nursing staff, and home health aides. The situation is exacerbated by the permanent closures of HCBS providers in most states over the past year.
The National Dementia Workforce Study (NDWS) is being launched through an $81 million cooperative agreement with the National Institute on Aging (NIA) to develop and field new annual national surveys of the dementia care workforce, including physicians, nurses, and direct care workers across multiple care settings. The mission of NDWS is to launch the surveys successfully and, of equal importance, to build data infrastructure and dissemination to ensure NDWS becomes a resource for the broader community of researchers and policymakers. This collaborative, interdisciplinary endeavor is led by teams at the University of Michigan and the University of California, San Francisco, with several other university-based and non-profit partners.
A must-attend webinar for every HCAOA Connecticut member on December 4 at 12:00 p.m. ET where Pamela Hunter, Ph.D., CSP, Senior Loss Consultant at WC Trust, will discuss Workplace Violence: Management Training & Safety Controls followed by Q&A. Gain insights into basic de-escalation techniques vital for diffusing potentially violent situations and ensuring caregiver safety.
Register here. The Illinois Department of Labor (IDOL) introduced proposed regulations for the Illinois Paid Leave for All Workers Act, scheduled to take effect on January 1, 2024. This Act mandates nearly all covered Illinois employers to offer up to 40 hours of annual paid leave for any purpose. All Illinois members are invited to a webinar TOMORROW, November 16 to learn more about this. Hinshaw labor and employment attorney Aimee E. Delaney will discuss how the Illinois Paid Leave for All Workers Act will impact home care. This event is free for members and registration is required. |
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