Private Duty Conference Highlights: Meeting Operational and Compliance Challenges, Part 2 — A Session Detail
Angelo Spinola of Littler Mendelson P.C. in Atlanta, Georgia, gave a presentation at the Private Duty Home Care Conference that explored the ins and outs of private duty home care compliance. “The burden you have as an employer is significantly higher than in any other area of labor employment law,” he acknowledged.
“The lawsuits come, and agencies start becoming compliant,” Mr. Spinola said. “We need to break this cycle and start developing compliance programs now.”
One of the key points Mr. Spinola stressed is how agencies define “work” and how hours are coded. “You have to have a compensation agreement with your employees that outlines the different payment structures for different types of work. It has to be clear in your policy.” Mr. Spinola discussed the regular rate, how to calculate it, when it applies, and how you use it to determine overtime payments. “You and your agency have to be responsible for keeping track of wages and hours. Let’s take a look at where the holes might be in your compliance program,” he suggested.
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