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Notice of Proposed Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act, RIN 1235-AA43
On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) to revise the Department’s guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The NPRM proposes to rescind a prior rule, Independent Contractor Status Under the Fair Labor Standards Act (2021 IC Rule), that was published on January 7, 2021 and replace it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. The Department believes that its proposed rule would reduce the risk that employees are misclassified as independent contractors, while providing added certainty for businesses that engage (or wish to engage) with individuals who are in business for themselves.
The initial deadline for interested parties to submit comments on the NPRM was November 28, 2022. On October 26, 2022, the Department published a notice in the Federal Register, extending the deadline to submit comments by 15 days. The Department encourages interested parties to submit comments on this proposal by December 13, 2022 (the new deadline). The full text of the NPRM, as well as information on the deadline for submitting comments and the procedures for submitting comments, can be found at Federalregister.gov. The NPRM’s comment period closes at 11:59 p.m. ET on December 13, 2022.
Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record and will be posted without change to www.regulations.gov. The Wage and Hour Division posts comments gathered and submitted by a third-party organization as a group under a single document ID number on www.regulations.gov, including any personal information provided. |
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Revised Guidance for Staff Vaccination Requirements
The Centers for Medicare & Medicaid Services (CMS) released QSO-23-02-ALL: Revised Guidance for Staff Vaccination Requirements. CMS is revising its guidance and survey procedures for all provider types related to assessing and maintaining compliance with the staff vaccination regulatory requirements.
To learn more and view the memo, visit the Policy & Memos to States and Regions website |
APTA CSM Rates & Registration
2023 APTA Combined Sections Meeting - February 23-25, 2023 | San Diego, California
Register by Nov. 9 for the best rates. You'll also be entered for a chance to win a $250 Visa gift card, courtesy of HPSO, and more prizes. View complete list of prizes and contest rules. Don't wait to reserve your room.
Students: Explore two exciting opportunities:
Deferred Registrants: Due to Omicron, APTA offered APTA CSM 2022 registrants the opportunity to shift their in-person registration to On Demand 2022 with CEUs or to in-person APTA CSM 2023 in San Diego. Those who deferred will be automatically registered for APTA CSM 2023 with the same registration type as selected for APTA CSM 2022 and will receive a confirmation email within 30 days of registration opening in mid-September. After the confirmation is received, registrants can make additions, such as preconference courses and ticket purchases (cancellations aren't allowed). Look for an email sent Aug. 30 for additional details.
Questions? Contact MCI, APTA's registration partner, at 800-809-9565 or [email protected].
Cancellation Deadline and Policy: Cancellation requests for preconference and/or full conference registrations received by January 23, 2023 will receive a full refund minus a $60 administration fee. There will be no refunds for no-shows or cancellations after January 23, 2023. Cancellation requests must be submitted in writing to the APTA Registration Center, [email protected].
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The Biden-Harris administration's effort to address hunger, nutrition, and health nationwide acknowledges the important role of physical activity in creating a healthier America — and APTA let the White House know that it's ready to help work for change.
The initiative, officially known as The Biden-Harris Administration National Strategy on Hunger, Nutrition, and Health, has an ambitious goal — to end hunger and increase healthy eating and physical activity by 2030. Supporters of the plan believe that achieving this goal could reduce the prevalence of diet-related diseases such as diabetes and decrease health disparities.
One of the strategy's five pillars is focused on "supporting physical activity for all" by, among other initiatives, expanding the State Physical Activity and Nutrition Program, creating more parks in nature-deprived communities, promoting active transportation and land-use policies, and increasing education on the importance of physical activity. It's a focus that aligns well with APTA's longstanding efforts to promote physical activity.
APTA responded to the release of the strategy by forwarding a letter of support to the White House, accompanied by an offer to work with the administration to meet its goals.
"As movement experts, physical therapists are uniquely qualified to increase awareness of the benefits of physical activity and to measure levels of physical activity of individuals of all ages," APTA says in its letter. "PTs are trained to integrate the scientific principles of movement function and exercise progression to promote physical activity and improve health outcomes for individuals and populations across the lifespan."
The letter also emphasizes that APTA has been committed to increasing physical activity levels well before the strategy was announced, through participation in the national Physical Activity Alliance and the association's own "Choose to Move" public awareness campaign. That campaign, linked to National Physical Therapy Month for the past two years, has included a public service announcement and a recent satellite media tour to spread the word.
"As APTA's values are greatly aligned with the White House's national strategy, we appreciate the Biden-Harris administration's commitment to encouraging physical activity and supporting health equity," the letter states. "APTA will continue to partner with the private sector and federal, state, and local governments to create alliances that promote physical activity within communities across the nation." |
ChoosePT Toolkit
We hope that October was a gratifying Physical Therapy month. Please use the following resources to raise awareness about the benefits of physical therapy and physical therapists’ role as movement experts.
Advertisements
The American Physical Therapy Association runs national public relations campaigns supported with online ads, targeted print ads, and billboards to promote ChoosePT.com.
If you would like to place a ChoosePT ad, contact APTA's public relations department.
Upon request, APTA will adjust ChoosePT graphics to meet advertising specifications, provided that your advertising promotes ChoosePT.com.
Advocacy
APTA's Patient Action Center is updated throughout the year as legislation is introduced in Congress that affects consumers' access to treatment by a physical therapist.
ChoosePT Web Ad With Call to Action
Send consumers directly to ChoosePT.com from your academy, section, chapter, or practice website so they can learn more about physical therapy and search for an APTA member physical therapist near them. Download this web graphic and post it to your website with a link to https://www.choosept.com:
To request this graphic or a similar banner ad in a specific size for your chapter, academy, or practice website, email [email protected].
See https://www.choosept.com/toolkit for more resources. |
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