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Capitol Correspondence - 07.16.18

DOL Announces Restricted View of Home-Care Registry Employees

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A Department of Labor (DOL) memo was released Friday citing that workers in the home-care registry industry would be considered employees rather than independent contractors only under certain circumstances.  The Obama Administration had classified most caregivers of registries as employees for purpose of benefits from the Fair Labor Standards Act. The Trump Administration withdrew that guidance last year.

In a memo sent to field staff today, the department’s wage and hour division laid out conditions under which a registry worker may be considered an employee. These include whether the registry effectively sets wages, restricts the caregiver’s work hours, or exercises great control over hiring and firing.

“No single fact about the relationship may conclusively determine whether an employment relationship exists between a registry and a caregiver,” the memo said.