At a recent Advanced Wage Parity Act Symposium, panelists answered some key questions on home care wage parity that would be of interest to home health agencies.
What if you offer “use it or lose it” Paid Time Off to workers?
Can you take the full amounts the total PTO would cost against the WPA $4.09 Package if the worker forfeits unused PTO?
What if you pay the full cost of workers’ pre-employment physicals and annual physicals?
Can you take the full cost of the physicals against the $4.09 NYC; $3.22 LI and Westchester) WPA Package (the “WPA Package”)?
What if you offer an affordable “minimum value” health plan to workers?
Have you met your full obligation, with no penalties, under the Affordable Care Act (“ACA”)? Can you take the full cost of the plan against the WPA Package even though some workers choose not to participate? Do you owe any pay to workers who chose not to participate in the plan?
What if you offer other health benefits without calculating their cost under the “annualization method”?
Will you overstate the benefits’ cost against the WPA Package? Will you owe workers more money?
What if you offer education and training benefits by depositing funds into a trust?
Can you take the entire deposit into the trust against the WPA Package even if all the money is not used in the calendar year?
What if you create a “cafeteria plan to place every benefit under one roof?
Can you include a non-taxable transit fare benefit? Can you deposit money into a trust so all the money can be taken against the WPA Package even if all the money is not used during a calendar year?
What if you offer “working condition fringe” benefits to workers?
Can you take the benefit’s full cost against the WPA Package? Must you utilize an “accountable plan” to provide employees with a non-taxable benefit? Is reimbursement for a cellphone plan a non-taxable and allowable WPA benefit?
What if your Sleep-in workers on “on-call” during their meal and break times?
Do you have to pay them wages for this time and at what wage rate?
What if you cooperate with another agency to provide work hours to a worker you both employ?
Are you joint employers separately and jointly liable for any overtime pay?
What if you have not yet paid your 2015 WPA Package in full?
What liability exposure does your agency face? When are you personally liable?
