DOL Issues Guidance to Aid in the Classification of Home Care Workers

Adams, Julie 300dpi
Julie Adams

Executive Summary: On July 13, 2018, the United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) aimed at clarifying the standard utilized to determine if home care workers qualify as employees or joint employees under the Fair Labor Standards Act (“FLSA”).  Over the past few years, the DOL has issued and then withdrawn guidance regarding the proper standard and evaluation of home worker classification, leaving uncertainty for the industry.  The new guidance provides clarity on the subject and provides home care registries a road map for proper classification.

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