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CMS Extends Enrollment Moratorium for South Florida Home Health Agencies

  In July 2013, CMS imposed a moratorium on the enrollment of new home health agencies in Miami-Dade County, Florida.  In February 2014, CMS extended the initial moratorium in Miami-Dade, and expanded it to also include Broward County, Florida.  Last week, CMS extended this moratorium for another six-months in both Miami-Dade and Broward Counties.  In…

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Arbitration Agreements — Is Retaining Just An Executed Signature Page Good Enough?

Here’s an interesting hypothetical.  Say your company requires that, in some relationships — e.g., new employee hires; incoming residents to a care facility — the parties sign a multi-page arbitration agreement.1As we’ve discussed before, arbitration agreements can definitely be a sensible measure.  And say your company policy is to only keep the signature page in the files….

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EEOC Sues Ruby Tuesday for Discrimination

Some employment practices are just hard to understand.  Today, the EEOC sued the giant restaurant chain, Ruby Tuesday, Inc., in Oregon District Court, for discriminatory practices.  According to the lawsuit and the accompanying press release, Ruby Tuesday posted an internal announcement within a 10-state region for temporary summer positions in Park City, Utah with company-provided housing…

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Florida Signs MOU with DOL to Combat Employee Misclassification

On 01.13.15, the Florida Department of Revenue signed a Memorandum of Understanding with the US Department of Labor, allowing the agencies to cooperate in investigating alleged misclassification of employees as independent contractors in Florida.  Under the terms of the MOU, the agencies will collaborate extensively: Coordinating investigations and enforcement activities in Florida in “designated priority industries.” Referring, from one agency…

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“But I Didn’t Know He Underreported His Time!”

  Okay, so the cartoon is facetious.  But employees who bring FLSA lawsuits routinely argue that they were directed or coerced by supervisors to work off-the-clock, without pay.  Indeed, a December 2013 GAO Report (a report that was the subject of our blog’s inaugural post) found that, in 2012, nearly 30% of all FLSA lawsuits contained allegations that…

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New Minimum Wage in Florida

  Belated Happy New Year!  As of January 1, the minimum wage in Florida is $8.05 per hour, with a minimum wage of at least $5.03 per hour for tipped employees, in addition to tips.  Here are your new display posters and notices. Where’s it going from here?  Well, some Florida legislators at the state level,…

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60th Annual Employee Benefits Conference (#IFEBP14) — Roundup

    This past week, the International Foundation of Employee Benefit Plans (IFEBP) held its 60th Annual Conference in Boston, Massachusetts.  The Annual Conference brings together roughly 5,000 persons involved in the administration and service of “employee benefit plans.”  That term, of course, covers a lot of ground, e.g., single-employer to multi-employer plans; private to public sector plans;…

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DOL Delays Enforcement of Changes to the Companionship Exemption

Traditionally, home care workers for the elderly and disabled have been “exempt employees,” who were not covered by the Fair Labor Standard Act.  In late 2013, the Department of Labor announced changes to the so-called “companionship exemption.”  Under the new rule, “direct care workers employed by third-party employers, such as home care agencies, will receive [the…

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Proposed Florida Administrative Rule — Health Care Clinic Licensure

Beginning yesterday and running through 10.27.14, Florida’s Agency for Health Care Administration is inviting interested parties to comment on a proposed change to Fla. Admin. Code 59A-33.002, which regulates how health care clinics are licensed.  One significant purpose of the proposed revisions is to “remov[e] the surety bond option as an alternative to financials.”  That is,…

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Independent Contracting in Healthcare (Alexander v. Avera St. Luke’s Hospital)

In our last post, we discussed the Wage and Hour Division’s continuing crackdown on “fissured industries,” i.e., industries that use techniques to make the employment relationship between the lead company and its low-wage workers more remote and less transparent.  One such technique is classifying personnel as independent contractors, rather than as employees.  But that’s not to say that all independent contractor…

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