Home care
Why is wage and hour the claim we actually get?
Because it arises from how the work is structured rather than from anything a manager did. Travel time between clients, documentation completed after a visit ends, on-call arrangements, and misclassification of coordinators as exempt each apply uniformly to everyone in a role.
That uniformity is what turns one complaint into a collective action. A discrimination claim is about one person; a rounding practice is about everyone who ever clocked in.
Most employment practices policies exclude wage and hour damages and give back only a modest defense sublimit, so the insurance funds a first response rather than a solution. Audit timekeeping practice before a claim: whether travel time is captured and paid, whether post-visit documentation time is recorded, and whether every exempt classification can be defended on actual duties rather than job title.
Source: US Department of Labor, Fair Labor Standards Act
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More home care questions
Do we need auto coverage if the agency owns no vehicles?
Yes. Hired and non-owned auto responds when caregivers drive personal vehicles on agency business, and their personal limits are frequently minimal.
What covers damage to a client home or property?
General liability handles damage you cause. Allegations of theft from a client home are a crime and reputational exposure that general liability does not answer.
How do we defend a claim when supervision is remote?
From the documentation, because it is the only evidence of what happened. Competency assessment, supervisory visits and an escalation path are the record.
Does HIPAA apply to a home care agency?
It depends on the services and billing arrangement, but the practical exposure is the same either way: you hold health and identity information about a targeted population.
Are we liable for a caregiver we treat as a contractor?
Frequently yes, and the classification a plaintiff argues for is the one that reaches you. Confirm your policy covers liability from contractor acts.
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