The wrong EVV approach in self-direction could incite Fair Labor Standards Act (FLSA) violations resulting in penalties for payers, FMS entities, and/or participants, and risk creating joint employment. This alert describes the EVV approach that... Read more
2019 Self-Direction Conference Breakout Session: Sarah Marcus and Melissa Murphy, from the Office of the Solicitor at the Federal Department of Labor, addressed how the Fair Labor Standards Act (FLSA) applies to common situations encountered in... Read more
The NRCPDS has produced several resources in response to the Fair Labor Standards Act (FLSA) Home Care Final Rule. This webpage is designed to be your one-stop location for information and resources about... Read more
Comments from the NRCPDS' 3 membership groups in response to the Department of Labor's Notice of Proposed Rulemaking to restrict the use of the companionship exemption.
On December 27, 2011 the Department of Labor, Wage and Hour Division released a notice of proposed rule making. The proposed rules would revise the Fair Labor Standards Act (FLSA) "companionship exemption", an exemption from the minimum wage and... Read more
This session assesses the home care rule's impact on VD-HCBS programs, including detailed coverage of the new companionship exemption requirements, as well as changes to joint employment status, shared living, and live-in worker rules. In... Read more
The Department of Labor Home Care Rule which takes effect on January 1, 2015 has many Adult Foster Care and other shared living providers concerned about whether caregivers qualify as employees or independent contractors under the FLSA.
... Read more