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Healthcare Industry Wage and Hour Issues Under Increased DOL Scrutiny: What Counsel Need to Know

Costly Penalties; Unique Industry Considerations; Best Practices for Compliance

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 21, 2023

Recorded event now available

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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.


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.



  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


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?


Dalin, Patrick
Patrick Dalin

Of Counsel
Fisher & Phillips

Mr. Dalin represents employers in a full range of employment law matters, with a particular emphasis on wage and hour...  |  Read More

Janes, Megan
Megan L. Janes

Fisher & Phillips

Ms. Janes represents employers of all sizes across several industries, including healthcare, independent and private...  |  Read More

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