Ally Blog

Are Your Caregiver Ads Getting You Audited?

Written by Rachel Shapiro | Feb 16, 2026 11:45:00 AM

If you're a home care registry, how you write your caregiver ads matters more than you might think. In fact, the words you use could be the very thing that draws attention from the Department of Labor (DOL).

In 2026, the DOL is looking more closely at independent contractor misclassification. And that means even your recruitment language is under the microscope. What looks like a simple "help wanted" post could be read as proof that you're treating caregivers like employees.

Let’s look at why your ads matter, what to avoid, and how to attract great caregivers without crossing any lines.

Why Language in Ads Matters

The DOL doesn't just look at contracts or how you pay caregivers. They also review public-facing materials. That includes your website, your caregiver job boards, and any ads you post online.

If you describe your caregivers as employees, talk about "hiring" or "supervising" them, or use language that sounds like you're running an agency, you could raise red flags.

Even if you don’t mean it that way, the wrong phrasing can suggest that you’re not operating as a true registry.

Phrases That Could Trigger a Closer Look

You might think it’s just wording. But the DOL sees certain phrases as signs that you may be misclassifying caregivers.

Here are a few examples of language that can cause problems:

  • "Now hiring caregivers"
  • "Join our team"
  • "We offer flexible shifts"
  • "Our caregivers are trained to..."
  • "Apply today and start working next week"
  • "Connect with private clients seeking care support"
  • "Work as an independent caregiver on your terms"
  • "Get matched with families in need of non-medical care"
  • Does this sound like an agency ad?
  • Am I implying that caregivers work for me?
  • Would someone reading this think I’m the boss?

These kinds of phrases make it sound like your registry is the employer. That’s not the message you want to send.

What to Say Instead

The good news is you can still promote your registry and attract high-quality caregivers—you just need to stick with language that reflects your role.

Instead of saying you’re hiring, say that you’re "seeking independent caregivers to be referred to clients." Make it clear that the caregivers are independent contractors, not employees.

Try language like:

These phrases keep the focus on referral, not employment.

Real-World Impact

You might be thinking, "Would the DOL really audit me just because of a job ad?" The answer: yes, they might. A caregiver could also file a claim, using your ad as evidence that they believed they were hired, not contracted.

Once that happens, investigators could look into your full setup - contracts, payment processes, and communications. One bad ad can snowball into something bigger.

In one case, a registry had used the phrase "join our team" in ads across multiple job boards. When a caregiver filed a complaint, the DOL used the ads to show that the registry presented itself as the employer. The registry was forced to pay back taxes and reclassify several caregivers as employees.

It all started with a few words.

How to Review and Fix Your Ads

Take time to audit your own materials. That includes your website, Craigslist ads, Facebook posts, and anything else used to attract caregivers. Look for any language that might sound like you're managing, training, or employing caregivers directly.

Ask yourself:

If the answer is yes, it’s time to rewrite.

Stay Safe and Stay Clear

Being clear in your caregiver ads isn’t just good practice - it helps protect your registry. You want to attract great caregivers while staying firmly on the right side of the independent contractor line.

So skip the "we’re hiring" language. Stick with messages about referrals, flexible connections, and independent opportunities. And if you’re ever unsure, get a second opinion. A few words can make all the difference.

In 2026, the safest registries are the ones who treat every message—including ads—like it matters. Because it does.