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Senior Living & LTC: Understanding the evolving employment legal landscape

Learn about recent employment law changes and how to mitigate the risk of lawsuits and penalties.

03/27/2024

The employment landscape in the senior living and long-term care industry is facing significant challenges including increased scrutiny from federal agencies such as the EEOC and NLRB. Owners and operators need to be proactive in understanding and complying with employment laws to mitigate the risk of lawsuits and penalties.

Listen as Risk Insights: Senior Living & LTC podcast host Tara Clayton and employment law specialist Caroline Berdzik delve into the current employment landscape impacting senior living and long-term care providers including the role of independent contractors and the rise of whistleblower claims, as well as provide mitigation tips for areas of high exposure.

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Key takeaways

Understand your dual responsibility

Joint employer relationships can create shared liability for unfair labor practices. Providers must be aware of their obligations and ensure compliance with employment laws.

Know which category applies

The Department of Labor's new rule on independent contractors makes it difficult to classify workers as independent contractors. Properly classify staff to avoid potential legal issues.

Don’t set it and forget it

Regularly review and update employee handbooks, policies, and procedures to ensure compliance with evolving employment laws and regulations.

Our speakers

Tara Clayton

Tara Clayton

Managing Director, Marsh Senior Living & LTC Industry Practice

Tara Clayton is a client executive in Marsh’s Senior Living and LTC Industry Practice. In this role, she advises clients with strategic and tactical advice concerning effective general and professional claim resolution, risk management, and strategies to obtain maximum insurance coverage across lines of coverage. Tara’s expertise with complex litigation and creative risk management initiatives helps reduce costs, enhance value, and increase client control of their risk management programs.

Caroline Berdzik

Caroline J. Berdzik

Partner, Goldberg Segalla

Caroline J. Berdzik is a partner at Goldberg Segalla. She chairs the firm’s Employment and Labor, Health Care, and Long-Term Care groups and devotes her practice to helping companies navigate employment law issues, from proactive counseling through alternative dispute resolution and trial.

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