With the home care industry under close scrutiny, Littler has created a toolkit to help employers comply with state and federal rules. The Littler Home Care Toolkit is an affordable, online resource for small and mid-sized companies, providing employers with informative guidelines and helpful forms and training materials.

The U.S. Department of Labor’s (DOL) Home Care Rule requires home care companies to pay minimum wage and overtime to home care workers under the Fair Labor Standards Act. Litigation and DOL investigations involving home care companies are on the rise, scrutinizing companies’ classification of and pay practices concerning caregivers. Accordingly, home care companies should take steps to ensure the proper classification of caregivers and the proper payment of minimum wage and/or overtime. Littler has developed the Home Care Toolkit to assist with all areas of state and federal employment law compliance, including classification and payment of caregivers under the Fair Labor Standards Act. The Home Care Toolkit further provides state-specific guidance and resources to help home care companies navigate the varying wage-hour and employment requirements across the country. Littler updates the Home Care Toolkit to reflect changes in federal and state law, to help ensure that home care companies have the current information they need for their businesses to stay competitive in this evolving employment law landscape.

The toolkit covers federal and state laws, some of which follow the federal exemption. We have designed the toolkit with examples of the following forms for employers operating in any state:

  • Compensation agreement for non-exempt employees
  • Agreement for non-exempt live-in and extended shift caregivers
  • Timesheets
    • For live-in caregivers to track client time
    • For hourly caregivers to track client time
    • For all caregivers to track non-visit working time, such as travel time
  • Model policies and forms

The package also includes more than a dozen model policies and forms for such basic topics as travel time, remote work, time reporting, treatment of sleeping time, and utilizing the live-in and companionship exemptions, where applicable. Other resources include:

  • A survey of state laws on home care companions and other domestic workers
  • PowerPoint training presentations on wage and hour issues, agency investigations and other areas impacting the industry
  • Guidelines to help small businesses comply with federal employment laws
  • A summary of compensation options for non-exempt home care workers
  • Multistate Littler GPS Surveys providing updated tracking of state and federal employment laws
  • Littler attorney directory

Employers also receive the added benefit of experienced Littler lawyers advising them on how to structure and design a compensation and compliance model specifically tailored for their operations. As we closely monitor legal developments affecting the industry, we will provide updated materials.

The toolkit is part of Littler’s ongoing commitment to providing practical, innovative solutions to employers of all sizes and all sectors of the home care industry.

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Angelo Spinola

Shareholder
Atlanta, GA
(404) 760-3921