The US Department of Labor (DOL) announced on November 2, 2023, that it will hold a webinar on workers’ rights and protections for home care, residential care, and nursing care industry employers, workers, and other stakeholders in the Southeast.
On Nov. 13, the department’s Wage and Hour Division will present “Caring for Those Who Care: Labor Rights for Workers in the Care Industry,” in an ongoing education and enforcement initiative to improve employer compliance in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. The event will occur as the nation marks Home Care and Hospice Month in November.
In fiscal year 2022, the Wage and Hour Division concluded more than 1,100 investigations in healthcare industries. These investigations recovered nearly $15 million in back wages for more than 22,000 workers.
Division representatives will collaborate with the Women’s Bureau and the Equal Employment Opportunity Commission to offer an overview of federal protections for care workers to help employers, workers and their advocates understand their respective responsibilities and rights. The event will be held from 10 a.m. to 12 p.m. EST.
Attendance is free but registration is required.
Compliance Perspective
Issue
The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employment subject to its provisions. Unless exempt, covered employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked. Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. Misclassification of an employee’s status can lead to violations of the FLSA which can result in fines and other penalties.
Discussion Points
- Review your policies and procedures on fair wages, overtime pay eligibility, and recordkeeping. Determine if your policies clearly state the differences between an independent contractor and an employee, and that they clearly address non-retaliation for reporting of concerns. Update if needed.
- Train all staff with responsibility for determining fair wages, overtime pay eligibility, and recordkeeping so that they are knowledgeable about your policies and procedures to ensure they comply with federal and state requirements. Document that these trainings occurred, and file each signed document in the employee’s education file.
- Periodically audit to ensure compliance with minimum wage laws, and that overtime pay eligibility and recordkeeping are accurate and being reported correctly.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
