A care contract is a way to hire a person or nurse to care for someone else for a fee. The caregiver can be a personal friend or family member, and determining the patient`s condition is recommended to be a licensed nurse. The caregiver is usually required to provide balanced meals, clean the room/house, perform household chores, run errands, and accommodate personal care needs. When the patient is aware of their surroundings, there is typically a camaraderie with confidence that forms over time. The tribunal found that four of the six factors in Hughes` favour were that she was an employee and not an independent contractor: control; the possibility of profit or loss; durability and durability; and an integral part of the employer`s activities. The equipment or material factor was a point of attraction for both parties. The court reconciled the particular qualification factor by finding that even nursing is not special work that wants to employ people for private or individual obligations. The Court`s point was that the CNAS, if they want to work, depend on an employer for work orders. In this case, Hughes was identified as an employee of FLC and received unpaid overtime pay and other FSF relief (Hughes, 2015). If the reference person who is hired is a family member or friend who will live in the same house, there may be tax benefits for the employer. Simply put, if the caregiver is there to “take care” of the patient and does not devote more than 20% of her daily activities to the patient, the caregiver may not be entitled to a minimum wage. Article I provides a method for designating both the participants in this Agreement and identifying each other`s role in relation to the other.
Before we begin, we must document the date of this contract by indicating the month and calendar day of the contract date on the first space and the year on the second space. The National Association for Home Care & Hospice has highlighted the U.S. Department of Labor`s guidelines for contracted freelancers following a July 2015 U.S. District Court ruling on home health care. In Hughes v. Family Life Care, Inc., the applicant brought an action against Family Life Care, Inc. (FLC), which it had not paid for overtime and other facilities under the Fair Labor Standards Act, 29 U.S.C [S]S] 201-219 (FLSA). FLC asserted that it was an independent contractor and was exempt from FSF protection.
The Tribunal indicated that under the FLSA, a person is designated as employed or self-employed based on the economic reality of the parties involved (National Association for Home Care & Hospice, 2015). Assessing economic reality requires the application of several factors to determine whether a person is in business for himself or whether he or she is economically dependent on an established employer to earn a living (U.S. Department of Labor, 2015). If we apply the Hughes facts to these factors, we can see how the U.S. District Court for Northern Florida concluded that she was an employee and not an independent contractor (Hughes, 2015). This case is an example of how the factors of the economic reality test can be applied and the importance of the DOL for employers who correctly classify its staff as employees. .