No employer wants to be embroiled in litigation alleging wage and hour violations or find themselves the subject of an investigation by the U.S. Department of Labor (DOL) over pay practices. But employers in the healthcare industry have long faced particular scrutiny from the DOL based on compensation issues that are unique to the industry – especially when it comes to home health aides. In fact, the DOL identified healthcare as a “low wage, high violation” industry and collected nearly $14 million in backpay for employees in FY 2021 — an amount surpassed only in the construction and food services industries. So, what practical steps can your healthcare organization take to reduce your risk and keep compliant with federal, state, and local wage and hour rules? Fisher Phillips Partner Kathleen Caminiti provided the following six compliance tips for healthcare employers while speaking on a panel at the American Bar Association’s 16th Annual Labor and Employment Law Conference on November 11.
1. Review Worker Classification
Employers may be tempted to designate healthcare workers as independent contractors rather than employees, but simply providing an IRS Form 1099 to workers (instead of a W-4) doesn’t mean they are properly classified as independent contractors. Under federal regulations, employers should primarily consider the nature of the work, the worker’s opportunity for profit or loss, and the level of control over key aspects of the work. For example, who sets the...
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