Angelo Spinola

Practice Areas

- Home Health, Home Care & Hospice

- Employment Advice & Investigations

- Labor & Employment

- Workplace Safety, Health (OSHA) & Environmental Advising

- Employment Class & Collective Actions

Professional Memberships

- National Association for Home Care and Hospice

- Home Care Association of America

- Home Care 100 Think Tank

Expert in these Jurisdictions

Georgia

Georgia Supreme Court

U.S. Court of Appeals, First Circuit

U.S. Court of Appeals, Eleventh Circuit

Work Highlights

Assist private equity firms and expanding franchisors and home health, home care and hospice companies perform legal and regulatory diligence on target transactions for agencies located in Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Kentucky, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Texas, Washington, and Vermont.

Advise independent home care agencies as well as both franchisors and franchisees on day‐to‐day employment-related matters.

Consult with franchisors across all industries on joint employment and successor liability issues.

Defense of numerous wage hour class action lawsuits filed against hospitals, long-term care facilities, and home-based care providers across the country.

Organize coalition to mount a legal challenge to California’s AB2455 (requiring caregivers to register so that vendors can contact them).

Organize home care coalition to challenge California’s AB51 (seeking to invalidate arbitration agreements with class action waivers).

Organize coalition of hundreds of New York-based home care providers to successfully appeal and challengeAndreyeva-related rulings concerning the compensation requirements for live-in and extended shift caregivers.

Organize home care coalition to work with state and local legislatures to exempt home‐based care providers from predictive scheduling laws requiring a premium be paid to workers whose schedule changes.

Organize coalition to allow homemaker companion agencies in Connecticut to advertise and provide medication reminders to clients with cognitive decline.

Assist in the creation of the Home Support agency regulations for Washington D.C. and secure first license under the new regulations.

Organize and participate in coalition of Industry leaders to draft Recommended Operational Protocols for use by the Industry in fighting the COVID‐19 Pandemic and guide other Industry initiatives.

Defend Pay Per Visit and Salary Plus pay methods in class action lawsuits in Courts across the country.

Challenge the DOL’s Home Care Rule in federal court in 2015 on behalf of the National Association for Home Care and Hospice, Home Care Association of America and the Private Care Association.

Mount fresh challenge to Home Care Rule following new Supreme Court decisions interpreting the Fair Labor Standard Act.

Assist Virtual Marketplace companies operate in a compliant manner.

Successfully requested an opinion letter from the Wage and Hour Division of the US DOL regarding pay methods for live‐in caregivers.

Successfully request an opinion letter from the Wage and Hour Division of the US DOL regarding reimbursing mileage at rates less than the IRS standard rate.

Perform agency audits and compliance reviews for employment, labor, benefits, health/safety and regulatory issues requiring deep Industry knowledge and understanding.

Represent multiple home care and franchise support vendors in areas of software, EMR, coding, time and attendance, regulatory consulting, recruitment and retention, background screening and other areas.

Assist with brokering introductions for joint venture opportunities and potential transactions between buyers and sellers of home-based care providers.

Publications

May 15, 2023

Updates

The U.S. Department of Labor Intensifies Scrutiny of Wage and Hour Violations in the Home and Health Care Industry

April 17, 2023

Blogs

Misclassification Concerns in Staffing Relationships

Author, Polsinelli At Work Blog

January 17, 2023

Publications

Former Home Health Owner Receives 25 Months In Prison For Fraud, Kickback Schemes

Quoted, Home Health Care News

January 13, 2023

Publications

Know thy labor laws, home care operators

Quoted, McKnights Home Care

November 08, 2022

Updates

IRS Skeptical of Contingency Fee Based Employee Retention Tax Credit Promoters

October 20, 2022

Updates

Independent Contractor Proposed Rule Would Redefine the Meaning of “Control”

October 12, 2022

Publications

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Co-Author, Polsinelli At Work Blog

August 15, 2022

Updates

Maine Legal Developments: Hairstyle Discrimination, Agreements Prohibiting Disclosure of Unlawful Discrimination, and Payment of Accrued Vacation

August 12, 2022

Updates

What Do the CDC COVID-19 Updates Mean For My Business?

August 10, 2022

Updates

New Mexico’s Paid Sick Leave Law

August 02, 2022

Updates

OSHA Extends the National COVID-19 Emphasis Program

July 12, 2022

Updates

Revised Employment Termination Notice Requirements for Colorado Employers

July 12, 2022

Updates

New Pay Equity Reporting Requirements Effective for Large Illinois Employers

July 07, 2022

Updates

Emerging Legal Developments to Tennessee Employment Laws

July 07, 2022

Updates

New State Holiday in South Dakota

July 05, 2022

Updates

First Equal Pay Act in Mississippi

July 05, 2022

Updates

Protection of Employees’ Outward Expression of Religious Faith in Virginia

July 01, 2022

Updates

Alabama’s New Family Leave Law

June 29, 2022

Updates

Mandatory Policies and Trainings for All Chicago Employers to Strengthen Protection Against Sexual Harassment

June 29, 2022

Updates

New Legal Developments to Connecticut Labor and Employment Laws: What You Need to Know

June 1, 2022

Updates

How To Keep Found Money: Mitigating Risk When Claiming Employee Retention Credits

February 21, 2022

Updates

2022 CALIFORNIA LEGAL UPDATE: CA COVID-19 Supplemental Paid Sick Leave, PAGA, Arbitration and CAL/OSHA ETS

February 2022

Publications

State of Home Care Industry at a Crossroads

Home Care Association of America

Contributor

January 18, 2022

Publications

CMS Solidifies Vaccination Deadlines, Releases Guidance for Home Health Agencies

Quoted, Home Health Care News

December 14, 2021

Publications

Supreme Court Keeps NY Vaccine Mandate Alive. Here’s What Home Health Providers Should Know.

Quoted, Home Health Care News

December 1, 2021

Publications

‘Hope for the Best, Plan for the Worst’: How Providers Should Plan Around the CMS Mandate Freeze

Quoted, Home Health Care News

October 13, 2021

Webinars

Polsinelli and AssuriCare Webinar Series on the Legal Issues Impacting the Consumer Directed Independent Contractor Home Care Models

September 30, 2021

Publications

Home care and hospice still in the dark about federal vaccine mandate

Quoted, McKnight’s Senior Living

September 23, 2021

Publications

A Closer Look at Vaccine Mandates

Quoted, HomeCare Magazine

September 23, 2021

Publications

DOL targets home care for wage, employment rule violations: attorney

Quoted, McKnight’s Senior Living

August 26, 2021

Webinars

Home Care Industry Update Webinar presented by Angelo Spinola

June 28, 2021

Updates

The Enhanced Employee Retention Credit Can Provide Tax Credits Up To $7,000 Per Employee Per Quarter

June 18, 2021

Publications

OSHA Issues New Emergency Temporary Standards for Health Care Workers

Mentioned, HomeCare Magazine

May 24, 2021

Publications

Punching In: Home-Care Industry Attacks Rule Giving Workers OT

Quoted, Bloomberg Law

April 2021

Publications

The Strategy for Value Creation: Optimizing Inorganic Growth Within the Home Care Industry Through Systematic Health Care M+A

Co-Author, Polsinelli Whitepaper

March 30, 2021

Webinars

Home Care Industry Update Webinar presented by Angelo Spinola and Bill Dombi of NAHC

December 2020

Publications

NAHC, NHPCO, Others Release Vaccine Guidance for In-Home Care Providers

Quoted, Home Health Care News

October 25, 2020

Publications

Lack of Stimulus Bill Could Lead to Rise in COVID Related Lawsuits

Quoted, Home Health Care News

September 14, 2020

Publications

DOL Revises FFCRA Regulations, Potentially Sparing Home-Based Care Providers

Quoted, Home Health Care News

August 7, 2020

Publications

New York Court Vacates FFCRA Provisions for Home Health Care

Quoted, HomeCare Magazine

August 6, 2020

Publications

New Court Ruling Creating ‘Tremendous Amount of Confusion’ Over Paid Leave in Home Care

Quoted, Home Health Care News

June 30, 2020

Publications

In-Home Care Providers May Face More Workplace Discrimination Lawsuits Moving Forward

Quoted, Home Health Care News

April 7, 2020

Publications

Loopholes in COVID-19 Unemployment Program Threaten to Deplete Home Care Workforce

Quoted, Home Health Care News

March 30, 2020

Publications

Home Care Providers Presumably Exempt from New Paid Sick Leave Rules — But Further Clarification Needed

Quoted, Home Health Care News

March 19, 2020

Publications

Home Care Agencies Seek Exemption Status in Potentially Devastating COVID-19 Relief Law

Quoted, Home Health Care News

March 11, 2020

Publications

New Legislation Presents Challenge to Stretched Home Health Agencies

Quoted, HomeCare Magazine

March 10, 2020

Publications

Federally Mandatory Paid Sick Leave Would ‘Add Fuel to the Fire’ for In-Home Care Providers

Quoted, Home Health Care News

October 15, 2019

Publications

HIPAA Compliance, Domestic Workers Bill of Rights Emerging as Key Home Care Legal Issues

Quoted, Home Health Care News

September 15, 2019

Publications

New Law Could Increase Home Health, Hospice Labor Costs 30%

Quoted, Home Health Care News

August 22, 2019

Publications

L.A. County Must Pay Home Care Providers More for Overtime

Quoted, Bloomberg Law

June 4, 2019

Publications

Legislation Would Allow Caregivers to Poach Home Care Agencies’ Clients

Quoted, Home Health Care News

Education

Awards