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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Thursday, September 21, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will provide an overview of the Fair Labor Standards Act's (FLSA) wage and hour requirements as they pertain to the healthcare industry given the U.S. Department of Labor's (DOL) recent initiative targeting the industry, resulting in thousands of investigations and millions of dollars in damages/penalties against healthcare employers. The panel will describe best practices for FLSA compliance taking into account the industry's unique employment needs and will advise on how to prepare for and manage a DOL audit.

Faculty

Patrick Dalin
Of Counsel
Fisher & Phillips LLP

Mr. Dalin represents employers in a full range of employment law matters, with a particular emphasis on wage and hour issues and government audits and investigations. He works with businesses to review their compensation practices and develop proactive solutions to reduce their risks of exposure to costly wage and hour investigations and lawsuits. Mr. Dalin also defends businesses in wage and hour investigations and litigation, including class-action lawsuits, single-plaintiff lawsuits, and government enforcement cases before federal and state courts and administrative agencies. Prior to joining the firm he spent more than 12 years working with the U.S. DOL in the Office of the Regional Solicitor in both Philadelphia and New York.

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Megan L. Janes
Partner
Fisher & Phillips LLP

Ms. Janes represents employers of all sizes across several industries, including healthcare, independent and private education, automotive dealerships, construction, hospitality, and more. Her day-to-day work often includes litigation involving allegations of discrimination, denial of leave, wage and hour matters, or restrictive covenants, both at the administrative level and in court. Ms. Janes also assists employers with HR matters, including counseling on ways to reduce the risk of litigation or conducting informative trainings on how to comply with employment laws.

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Description

The DOL launched an initiative in 2021 focusing on investigating FLSA violations in the healthcare industry. More recently, the DOL announced that it was continuing its initiative with an even greater focus on residential care, nursing facilities, home health services, and other care-focused industry employers.

Since its initiative began, the DOL has completed nearly 2,000 healthcare industry investigations, found violations in 80 percent of its investigations, has recovered over $28.6 million in back wages and damages, and assessed nearly $1.3 million in civil monetary penalties against employers for willful violations of the FLSA.

While the most common violations are failure to pay overtime and federal minimum wage and to maintain accurate records of work hours, in the past year, there has been an increase in lawsuits against healthcare facilities, nursing registries, and staffing agencies alleging violations based on misclassifying employees as independent contractors.

Listen as our expert panel discusses the DOL's increased scrutiny of the healthcare industry and its costly impact. The panelists will provide an overview of the types of violations committed most often by healthcare employers and review best practices for compliance given the industry's unique employment needs. The panelists will also advise on how to prepare for and handle a DOL audit.

Outline

  1. DOL initiative targeting healthcare industry
    1. Investigation and damages statistics
    2. Most common areas of wage and hour noncompliance
  2. Employment practices that leave healthcare employers vulnerable to violations
  3. Best practices for ensuring FLSA compliance in conjunction with these unique needs
  4. State law considerations
  5. Preparing for and managing a DOL audit

Benefits

The panel will review these and other important considerations:

  • What industry practices make wage and hour compliance more difficult for healthcare employers?
  • What are unique considerations for healthcare counsel and their clients when developing policies and procedures that comply with the FLSA?
  • What are best practices for FLSA compliance?
  • How can healthcare counsel help their clients prepare for and manage a DOL audit?