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LeadingAge NY Resources on the "Companionship Exemption"

Audio Conference
 

LeadingAge New York will conduct an audio conference, “Legal Update Part 1: What Home Care, Hospice Providers and Managed Care Plans Need to Know About Changes in the Companionship Exemption from Wage and Hour Requirements on Oct. 22nd. A brief overview for the program includes:

  • Background;
  • Status of litigation;
  • The Federal rules and other State lawsuits potentially impacting wages;
  • Minimum wage and overtime requirements;
  • Enforcement policy;
  • Discussion of an advocacy strategy; and
  • Resources.

As we have reported, in August 2015 the U.S. Court of Appeals for the District of Columbia in an unanimous decision upheld a Department of Labor (DOL) rule extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to all companionship services workers employed by third party home care providers. This has significant impact on home care, hospice and managed care providers.

In response to this ruling and ongoing litigation LeadingAge NY will be conducting two audio programs. Both will be presented by our labor attorney, Joseph Dougherty, principal, Hinman Straub, P.C. The second Legal Update will cover in greater detail operational issues critical to home care providers.  

Survey

LeadingAge NY, in collaboration with the Home Care Association of NYS and the NY State Association of Health Care Providers developed a brief seven question survey to help determine the potential fiscal impact of this new federal wage and hour requirements.  As this new rule has the potential to increase the labor and administrative costs of agencies, and affect the workforce and patient care, your participation in the survey is most critical and will help better inform and support our advocacy efforts on your behalf!

The survey is available by clicking here.

If you receive the survey from multiple associations, please complete it only once. We have already informed the Department of Health that all of the home care associations were sending out this survey to gauge the fiscal and administrative impact to its members. Therefore your response is critical – please submit your response by Fri., Oct 16th.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871