Description

During this session, Littler attorneys, Joshua Vaughn and Nicole Bermel Dunlap, will identify the latest legal developments and significant employment law updates for Home Care employers in Florida. Topics will include, but are not limited to:

• The U.S. Department of Labor’s Home Care Enforcement Initiative and common wage and hour mistakes home care employers make that are 100% fixable. 
• Status of the U.S. Department of Labor’s Independent Contractor Rule and how it would increase the risk of worker misclassification.
• Status of the U.S. DOL’s White Collar Exemption Rule that proposes to change the salary threshold to $1,059 per week.
• The NLRB’s Final Joint Employment Rule and how it changes (again) the standard for determining if two entities are the joint employer of a worker.
• How the NLRB’s McLaren decision is likely to drive increased scrutiny of Employee Handbook policies. 
• How Employee Onboarding Documents – including Applications, Offer Letters, and especially Arbitration Agreements – are critical for employee recruitment and legal risk mitigation. 

Josh and Nicole will lead an engaging discussion that walks through proactive and concrete steps Home Care companies in Florida can take to confidently respond to and mitigate their risks in the face of this changing legal landscape. 

Meet the Speakers

Joshua Vaughn, Shareholder

Josh Vaughn is an employment defense litigator. He regularly advises, represents, and defends home and healthcare employers, start-ups, and third-party staffing companies in state and federal courts throughout the United States.

Josh has significant experience defending against claims for overtime (exemption misclassification, off-the-clock, overtime rate calculation), misclassification of independent contractors, minimum wage, meal and rest breaks, “suitable seats,” reporting time and split shifts, expense reimbursements and waiting-time penalties. 

Josh also counsels and defends home care agencies on the unique pre-employment, ongoing employment, and end-of-employment issues. He has represented home care agencies and franchise systems in class and collective action litigation brought by private plaintiffs and the U.S. Department of Labor, investigations by federal and state labor departments, investigations by federal and state equal employment agencies, and investigations by the U.S. Office of Inspector General.

Nicole Bermel Dunlap, Of Counsel

As an experienced advisor licensed in multiple jurisdictions, Nicole Bermel Dunlap has practiced labor and employment law since entering private practice in 2009. Most recently, Nicole served as in-house employment counsel for a Fortune 200 managed care company. She was one of a two-person team advising human resources and other business partners on a range of employment issues including:  

• Discrimination and hostile work environment allegations
• Leave and accommodation requests 
• Employee terminations 
• Noncompete agreements 
• Hiring policies and practices 
• Other employment policy-related inquiries

Nicole also has extensive experience as outside counsel in both employment and labor litigation. Coupled with her in-house knowledge, she offers a unique perspective that enables her to appreciate the day-to-day challenges her clients face, to effectively problem-solve potential legal and business solutions, and to develop litigation strategies consistent with each client’s unique philosophy. She has defended employers in a variety of different industries, including healthcare, transportation, manufacturing, and service industries. Additionally, she has litigated all facets of employment claims including:  

• Race, gender, national origin, religion, age, and disability claims
• Whistleblower and other retaliation claims 
• Disability and religious accommodations 
• Restrictive covenants
• Leave issues 

Highly skilled at developing overall case and trial strategies for her clients, Nicole has substantial experience in labor litigation and has first-chaired several labor arbitrations and served as second chair for multiple unfair labor practice bench trials before administrative law judges. In addition, she has gone to trial on issues related to the enforcement of a noncompete agreement in a federal jury trial. In each case, Nicole was an integral part of the trial team, involved in developing trial strategy, managing documents, preparing, and questioning witnesses, and preparing necessary written pre- and post-trial persuasive arguments. 

Continuing Education

Attendees receive 1.0 continuing education units for the following Florida Boards: skilled nursing, occupational therapy, and speech therapy.

Program Sponsor

HCAF offers a multitude of ways for home care industry vendors to promote products and services, including through educational program sponsorships. Click here to learn about the benefits of sponsorship, or contact us by calling (850) 222-8967 or sending us a message.