New ASA Issue Paper Warns of Worker Misclassification Risks in Long-Term Health Care Settings

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The new, stricter worker classification rules published by the U.S. Department of Labor point up the importance of clients using staffing firms that operate as employers and that classify their temporary workers as W-2 employee, not independent contractors.

A new ASA issue paper focuses on the particular risks of misclassification to workers, clients, and patients in long-term care settings, like nursing homes and assisted living facilities, that serve a vulnerable population. Industry leaders say that the stakes for long-term care nursing are high, and that failure by policy makers to address the issues will mean a new era in which independent contractors become the new, lower, standard for providing patient care. ASA and its members have been pressing DOL and other regulators to step up their efforts to combat misclassification and encourage all staffing firms to assist in the effort by asking their state labor and workforce departments to take similar action.

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