How to Stay Off the DOL’s Radar in 2026

The Department of Labor (DOL) is watching. If you run a home care registry, you’ve likely heard that before. But in 2026, it’s more than just a warning. It’s real. With new rules about independent contractors in full swing, the DOL has made it clear they’re paying attention to how registries classify and work with caregivers.

Here’s what you need to know to stay out of trouble and keep your registry safe.

The DOL’s Focus in 2026

The DOL has always had its eye on businesses that use independent contractors. But now, with the updated Independent Contractor Rule taking effect in 2025, they have new tools to go after misclassification.

In simple terms, the DOL wants to make sure workers who are really acting like employees aren’t being labeled as independent contractors just to avoid taxes or benefits. That includes caregivers.

Why This Matters to Registries

Home care registries work differently than agencies. Registries match families with independent caregivers, but they don’t employ them. That difference is key. If a registry starts to look or act like an employer, the DOL could step in.

Some things that might raise a red flag:

• Telling caregivers when and where to work
• Setting pay rates for caregivers
• Requiring specific shifts or uniforms
• Calling caregivers "employees" in ads or materials

If it sounds like you're managing caregivers the way a boss would, the DOL might think you're actually running an agency.

What the New Rule Says

The 2025 Independent Contractor Rule focuses on what’s called the “economic reality” of the work. It looks at six main things:

1. Opportunity for profit or loss
2. Investment by the worker
3. Degree of permanence
4. Control over the work
5. Whether the work is essential to the business
6. Skill and initiative

No one factor decides everything. But taken together, they help the DOL decide if someone is truly independent. The more control a registry has, the more it starts to look like employment.

Common Mistakes Registries Make

Here are a few ways registries accidentally cross the line:

1. Acting like a boss. If you're setting caregiver schedules or making hiring decisions for families, it can look like you're the employer.

2. Using the wrong software. Most agency platforms are built for W-2 models. Using those tools makes your registry look like an agency.

3. Blurring the lines in advertising. Watch how you describe your registry. Avoid words like "hiring caregivers" or "join our team."

4. Mishandling payments. If you’re paying caregivers under your own business instead of as independent contractors, the DOL could step in.

How to Protect Your Registry

You don’t need to panic. But you do need to prepare. Here’s how:

1. Use registry-specific tools. Software made for registries helps you match families and caregivers while keeping the right legal distance.

2. Keep your language clear. Say that you "connect families with caregivers" instead of saying you hire them.

3. Let families stay in charge. Families should set pay rates, schedules, and job expectations. Not the registry.

4. Don’t provide training. Training can make it look like you’re controlling how the caregiver does their job.

5. Document everything. Keep records of caregiver agreements, family communications, and how decisions are made.

What Happens If You Get Audited

The DOL doesn’t always give warning. If they knock on your door, they might ask for:

• Caregiver contracts
• Marketing materials
• Payment records
• Notes on who makes decisions (you or the family)
• Back wages and taxes
• Fines and penalties
• Legal costs

If they decide you've been acting like an employer, you could face:

In some cases, you might be required to reclassify caregivers and start treating them as employees, which changes everything about how your registry runs.

Final Thoughts

The rules have changed. The DOL is serious. But if you're running a true registry and keeping clear lines between your role and the caregiver's work, you're already on the right track.

Focus on staying compliant, using the right tools, and being honest in how you present your business. That's how you stay off the DOL's radar in 2026.