Navigating employment law compliance is a persistent challenge in the senior care industry due to the sector’s complex regulatory landscape. Given the strict state and federal requirements, facilities must maintain vigilant adherence to legal standards. The consequences of non-compliance can be severe—ranging from financial penalties to reputational damage—making it essential to proactively manage risk. Partnering with an experienced employment attorney and implementing clear, comprehensive employment policies with ongoing oversight can significantly strengthen a community’s legal safeguards.
Common Risks and Pitfalls in Senior Care Employment Compliance
Labor law compliance can be a high-stakes, complex issue, says Edward Hones, an employment lawyer and founder at Hones Law PLLC. “Senior care communities often operate in a high-pressure environment with thin margins and 24/7 staffing needs, which can lead to shortcuts or oversights in wage and hour compliance, overtime classification, and rest break policies,” he explains.
According to Hones, one of the most significant risks in senior care employment law compliance is misclassifying workers or failing to properly compensate workers for all hours worked. That includes time spent on training, overnight shifts, or brief shift extensions. “Many senior care providers struggle with managing protected leave requests under FMLA or state equivalents, and this can lead to costly retaliation or interference claims,” he says.
Robbin...
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