On July 13, 2018, the United States Department of Labor Wage and Hour Division (WHD), issued guidance summarizing the standards by which the WHD will determine whether a home care, nurse, or caregiver registry is an employer of the caregivers on the registry for purposes of federal wage and hour laws. The guidance, although issued by the federal WHD could be helpful to New York home care agencies and fiscal intermediaries in structuring their wage and hour compliance and defending wage and hour claims.