In a recent webinar hosted by MissionCare Collective, Brandi Kurtyka, CEO of MissionCare Collective, and Angelo Spinola, a labor attorney with Polsinelli, addressed some of the most pressing workforce challenges facing the home care industry today from a legal and workforce perspective.
The session, aptly titled "Attorney Unplugged," was an informative and engaging discussion aimed at providing insights and answering burning questions from the audience about the legal landscape surrounding workforce issues. For the full webinar replay, watch it here.
Key Topics Covered
Misclassification of Workers: One of the primary topics discussed was the ongoing issue of misclassification of home care workers as independent contractors versus employees. Angelo highlighted the complexities of this issue and addressed:
- Challenges with misclassifying home care workers as independent contractors.
- Impact of various laws and economic realities tests (FLSA, IRS 20-factor test, state laws).
- Trend under the Biden administration towards stricter economic realities tests.
Competing with 1099 Staffing Companies: Brandi and Angelo also discussed the challenges W-2 agencies face when competing with large 1099 staffing companies, particularly in skilled nursing environments.
- Liability issues for facilities using 1099 staffing models.
- DOL's active targeting of non-compliant staffing models.
- Importance of educating clients about the risks of 1099 staffing companies.
- Emphasizing compliance and the value of W-2 staffing models.
Workplace Safety and Conditions: The webinar shed light on the critical issue of workplace safety and conditions for home care workers. Brandi shared findings from the One Voice, Many Stories study conducted with NAHC, which revealed numerous instances of unsafe conditions, including violence, drug use, and sexual harassment in the home care environment. Angelo and Brandi touched on:
- Recommendations for comprehensive workplace safety programs.
- Importance of caregiver training and communication.
- Addressing workplace violence, drug use, and harassment.
Immigration and Workforce Shortages: Addressing the topic of immigration as a potential solution to workforce shortages, Angelo expressed skepticism about significant reforms happening in the near term. He noted that while there are successful examples of bringing in skilled workers under existing visa programs, broader immigration reform faces significant political challenges
- Skepticism about significant immigration reform in the near term.
- Success stories of bringing in skilled workers under existing visa programs.
- Focus on retaining the current workforce and maximizing their hours.
Salary Increases and Minimum Wage Laws: The discussion also covered the impact of new minimum wage laws for healthcare workers, such as those in California, and the challenges they present to home care agencies.
- Impact of new minimum wage laws for healthcare workers.
- Balancing caregiver wage increases with reimbursement rates.
- Recent changes in salary levels for exempt employees.
- Need for appropriate staff reclassification to avoid legal issues.
Addressing Racial Preferences in Caregiver Assignments: Brandi and Angelo also responded to a challenge that an attendee posed for when they receive requests from their clients for caregivers of a particular race.
- Importance of educating clients about equal employment opportunity policies.
- Focusing on commonalities between clients and caregivers to improve relationships.
This is only a taste of what was covered in the webinar! To hear the complete session, grab the on-demand version here.
Note: This webinar is not meant to serve as formal legal advice and does not replace a formal consultation with an attorney. To contact Angelo, go here.
