Department of Labor Audit

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue

NW Washington, DC 20210

1-866-4-USW AGE

TTY: 1-866-487-9243

The link from federal government: https://www.dol.gov/whd/regs/compliance/whdfs79d.htm

Case # 07 cv.4672 (CPS) (MDG) and Case # 12-4764-cv was not selected for publication on Federal Jurisdiction

He attached my answer to re-argue judge Sifton and Merlyn about the decision to inform them that Harry’s Home Care is a licensed agency in the public health law article 36. Harry’s Nurses Registry is a third Party Registry assisting in the placement of nurses who provide home care services in private homes which is a registry license of home care.

99% Medicaid reimbursement

Harry’ Nurses Registry is a licensed home-care agency and it provides 200%medicaid and home care services in the private homes. Also, all of the patients are from Medicaid programs and the registry aims to provide health coverage if someone has a very low income. Since 1991 the license number 9245L001 before the Long Island Home Care Ltd V. Coke (551 U.S. 158 (2007) were, until January 1, 2015, covered by FLSA Amendments of 1974 that exempted from its minimum wage and maximum hours persons employed in domestic service employment to provide companionship services for individuals.. unable to care for themselves. “29 U.S.C  § 213(a)(15). As a result Mr. Dorvilier believed in good faith that it was proper to classify the nurses he placed as independent contractors and not as employees by FLSA.

Furthermore, the New York State Unemployment Insurance Appeal Board in Two decisions 1999 and 2013 ruled that Harry’s Nurses Registry is an employment agency that contracts with hospitals, nursing homes, and private individuals for the placement of registered nurses, licensed practical nurses and nursing assistant ..The employer provides no supervision of the individuals who provide their own transportation and supplies and are no reimbursed for any expenses. The nurses provide their own liability insurance and are given no instruction or training by the employer. Each is free to work with various agencies at the same time that she is working for the employer.”(R 591).As a result, the Unemployment Board found that the nurses placed by Mr.Dorvilier are in fact not employees but independent contractors and are not subject to an assessment of unemployment Insurance premiums, overruling a decision by the New York State Department of Labor that had imposed an assessment against Harry’s Nurses. It is Mr.Dorvilier’s honest belief that because this matter was not litigated in the Gayle case there remains uncertainty as to jurisdiction over the classification of the individuals who are placed by his agency. The investigation by the department of labor LS03 2010015248 By:

Maura MCCANN.

Department of Labor
W. Averell Harriman State Office Campus
Building 12, Room 532, Albany, NY 12240
www.labor.ny.gov

(518) 457-2460

That is the reason the law was never applied to Harry’s Nurses Registry Case and out of the jurisdiction on the federal and was wrongly decided.

According to Maura McCann’s investigations, those 415 nurses are INDEPENDENT contractors.