The Dangers of Misclassifying Healthcare Workers in Long-Term Care Facilities
Long-term care facilities turning to online platforms for healthcare staffing face potential pitfalls, especially in light of new U.S. Department of Labor (DOL) regulations. The DOL’s rules emphasize the dangers associated with misclassifying workers, particularly in nursing homes and assisted living facilities.
Understanding the DOL Rules:
It is evident from the latest DOL regulations that employees who are not self-employed but are under close supervision are not eligible to be categorized as independent contractors. Given their close supervision, nurses and certified nursing assistants at long-term care institutions are probably considered workers, however, some other healthcare professionals might also be eligible.
Implications of Misclassification:
Misclassifying personnel can have serious repercussions, such as losing employee protections and exposing facilities to liability. A 2022 court ruling emphasized the DOL’s dedication to upholding regulations and safeguarding employees’ rights. Misclassification can lead to malpractice lawsuits and jeopardize patient treatment in addition to legal ramifications. Platforms without employer accountability might not have the monitoring required for appropriate guidance and assistance.
Advantages of W-2 Employment:
For temporary healthcare workers, W-2 employment is still the best option because it relieves facilities of a variety of benefits, tax, and insurance-related worries. On the other hand, facilities that hire 1099 workers run the risk of greater liability and malpractice.
The Critical Role of Temporary Staffing:
Temporary staffing is crucial for nursing homes and assisted living facilities, and misclassification jeopardizes care quality while creating an unfair competitive field.
The American Staffing Association (ASA) and its members urge regulators to combat worker misclassification. All of Ellsworth Staffing adheres to DOL rules when classifying workers, ensuring compliance and responsible employment practices. As long-term care facilities adapt to evolving healthcare staffing, understanding and adhering to employment classifications are crucial. All of Ellsworth Staffing’s commitment to DOL rules sets an example for responsible employment practices.
