News Report | November 11, 2022
DOL Issues Proposed Rule Further Clarifying FLSA Employee/Independent Contractor Identification, Will Affect Home Care Industry
On October 13, 2022, the U.S. Department of Labor (DOL) released a proposed rule to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). In the caregiving arena, this rule could affect the analysis of whether consumers and other entities — like caregiver registries, virtual marketplaces to connect caregivers with consumers, or other agencies operating under a consumer-directed service delivery model — are employing independent caregivers for purposes of FLSA. The DOL believes the new rule would preserve essential worker rights and provide consistency for regulated entities . . .