The United States Department Of Labor Issues Template Home Care Worker Employment Agreements

Polsinielli | By William C. Vail and Clayton Nedza

The U.S. Department of Labor recently issued a template home care worker employment agreement to increase visibility of employee rights and employer responsibilities. This document comes as a result of an April 2023 Executive Order titled Increasing Access to High-Quality Care and Supporting Caregivers.

The Executive Order called on the Department of Labor to develop “compliance assistance and best practices” for, among others, home care workers. The DOL explained that the informal and non-binding sample agreement is not required by law. Rather, it is better viewed as “tools” that may help household employers and workers develop their own employment agreements together, “thereby reducing potential future misunderstanding or conflict and strengthening the employment relationship and trust.”

The DOL further states that the agreement reflects topics that employers and employees may voluntarily choose to address. For example, the template agreement provides for an explanation of benefits like health insurance, paid leave, pay if the employer cancels a shift on short notice, and on-call pay – none of which are required by federal law. The DOL is also careful to note that the sample agreement does not constitute legal advice, an official statement of position by the DOL or reflect the full range of laws that may apply in every situation, such as local and state laws. It also notes that the use of an employment agreement cannot waive the rights or protections of an employee under applicable federal, state, or local law.

Any questions may be directed to your Polsinelli attorney, the Authors of this article, or any attorney in our Labor & Employment Department.