A registry that only matches clients with caregivers — but doesn’t control the terms and conditions of the caregiver’s employment — falls outside the requirements of the Fair Labor Standards Act (FLSA), according to a memo from the Department of Labor (DOL) Wage and Hour Division.
Registries typically provide caregiver referrals for clients interested in care. The registry itself does not provide the home care service, but functions more as “matchmaking and referral services,” the memo states.
Control over the following areas could, however, qualify a registry as an employer under the FLSA:
- Hiring and firing the employee
- Scheduling and assigning work
- Controlling the caregiver’s work
- Setting the pay rate
- Receiving continuous payments for caregiver services
- Paying wages
- Tracking caregiver hours
- Purchasing equipment and supplies
- Receiving EINs or 1090s