What Home-Based Care Agencies Should Know About the Independent Contractor Proposed Rule

Posted November 30, 2022

Independent contractors in home-based care appear to be back in favor of pro-union policies and providers should keep an eye out on potential changes coming.

Firstly, providers should be aware they can still be sued for improperly classifying a worker as a contractor under the Fair Labor Standards Act (FLSA), Amina Oprichnina, managing attorney of the New York-based porcini Law, told Home Health Care News.

“Providers should stay on top of the issue, but keep in mind that – irrespective of the final regulation on independent contractors – they can still be sued under the FLSA or other state laws,” Oprichnina said. “Those state laws provide, in some cases, greater worker protections in wage and hour than the federal government does.”

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