Home Nurse income Forecast: May 2022 edition | Fisher Phillips

Forecast: May 2022 edition | Fisher Phillips


Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders who offer their thoughts on what employers can expect in 2022 and beyond. By tracking each month, you will be in a better position to anticipate expected changes and prepare your organization for what lies ahead. This month, we take a look at the future of immigration and the gig economy – and in particular look at what healthcare employers should prepare for.


Davis Bae, Shanon Stevenson – co-chairs of FP’s Immigration Practice Group

The new face of immigration

We have become accustomed to the continued demand for immigrant labour, especially in the current environment marked by near-zero unemployment and a war-torn Ukraine. But we will continue to see subtle changes in the types of employers who rely on an immigrant workforce. We no longer just see tech companies applying for H-1B visas. Professional services organizations will ramp up their immigration efforts throughout 2022, as will businesses in healthcare, hospitality, manufacturing, financial services, construction, trucking and retail warehousing. But we could start to see a rapid reversal in the trend…

But will the brakes soon be applied?

In July, the Department of Labor will release new prevailing wage surveys – which are required for many types of immigration applications. We expect them to reflect the inflationary pressures that most Americans have felt for much of 2022, which may begin to diminish the demand for immigrant labor. Although the July figures are subject to interpretation, the next release in October will surely signal a potential recession. This will force the Biden administration to distinguish between industry needs and overall public opinion as we look to the midterm elections that arrive in November.

The midterm elections will shake things up

Unless a massive upheaval takes place, Republicans will regain at least one chamber of Congress in November, which will disrupt many ongoing initiatives, including immigration. We expect to see candidates and other elected officials caught in a debate between those who justify increased immigration visas, policies and process improvements and those who operate in the context of anti-immigrant sentiment. potential. The end result will be that any kind of sweeping immigration reform will be put on hold for at least two years and employers will once again be forced to operate in an inefficient and often confusing system.

Permanent relaxation of I-9 rules

Federal immigration officials recently extended relaxed I-9 rules that allow employers to conduct a remote document review for new WFH or hybrid hires. These are due to expire on October 30, but are looking for officials to permanently install these relaxed rules in recognition of the new world we all live in.

gig economy industry

John Polson, Rich Meneghello – co-chairs of FP’s Gig Economy Practice Group

IC rules will cripple businesses

By the time we turn our timelines from 2022 to 2023 — which really isn’t that far off — two federal agencies will have issued new standards for determining whether a worker is an independent contractor and an employee. And you can probably guess how this story will end. Call on the Department of Labor and the National Labor Relations Board to tighten rules and make it more difficult to deploy on-demand labor on wage and hour compliance and potential compliance efforts. union organization. And thanks to a landmark information-sharing agreement the two agencies recently entered into, we’ll see more intensive and focused investigative and enforcement efforts beginning in the fourth quarter of 2022.

States will seek to attract odd jobs and protect workers

But the good news is that there is plenty of action at the state level. A growing number of states and local jurisdictions will follow the example of Washington State, which recently enacted a new law that guarantees minimum rates of pay per trip, paid sick leave and accident benefits for the work for rideshare drivers in exchange for a guarantee that the workers are classified as independent contractors. Rather than fighting costly and deadly battles in the courts, a growing number of government officials will turn to gig companies to develop a win-win outcome for workers and business in a Washington-style compromise.

Inflation and recession will lead to further work in concert

They say out of crisis comes opportunity, and that’s exactly what’s on the horizon for companies deploying on-demand workforces. We expect inflationary pressures to continue to mount as the year progresses, and we expect government officials to use the “r-word” more readily following the release of federal economic reports in late October 2022. This means that the scorching job market may begin to cool down and you’ll see an increasing number of workers heading into gig economy opportunities, either to supplement their incomes or as a way to bridge time between other work opportunities. traditional jobs. The best way to attract skilled workers to your gig-economy roles in 2022 is to offer on-demand pay to get their earnings flowing into their bank accounts as soon as possible.

The health industry

Kevin Troutman, Laurel Cornell – Co-Chairs of FP’s Health Industry Team

Staff shortages will continue to force employers to adapt

You don’t need us to predict for you that healthcare employers will continue to feel the effects of staffing shortages in 2022. You feel it every day. Unfortunately, we don’t see it abating any time soon, so your organization will need to continue to adapt in order to thrive.

It’s a good idea to recap some of the themes we plan to pursue and emerge in 2022 so you can understand how to best position your business.

  • Whether we’re talking about burnout, “covid-related fatigue” or otherwise, the pandemic has intensified what were already high-stress jobs, where workers take responsibility for the well-being of patients every day. In addition to this job pressure, a high proportion of your employees also have personal caregiving responsibilities, which adds another layer of stress.
  • These high-stress jobs have highlighted the need to provide support and assistance to employees dealing with mental health or addiction issues. A recent FP Flash survey found that mental health issues hinder retention efforts for 70% of healthcare organizations.
  • Nurses and other allied health professionals are retiring or giving up their careers faster than schools can train new professionals. There are also pressing needs for qualified auxiliary professionals such as physiotherapists, pharmacists, imaging technicians, qualified nursing aides and other support staff.
  • Nurse staffing agencies, traveling nurse agencies, and other third-party arrangements compete with you for skilled workers.

So what can your organization do about it in 2022?

  • Employers who can be most responsive to workers’ needs, without sacrificing quality standards, will reap invaluable benefits.
  • Keep your workers engaged by providing more flexible and creative mental health resources, more efficient and accommodating scheduling practices and leave policies than existed before the pandemic.
  • Avoid questionable, fanciful or prohibited practices with which some third parties may approach you to attract workers (such as so-called “independent contractor” relationships), as these often involve legal and financial risks.
  • At the same time, you might do well to offer online scheduling and other apps that can make staffing easier, especially for hard-to-fill night and weekend shifts (while keeping mind potential reimbursement requirements under state law as well as possible salary and hourly implications associated with using these apps). Additionally, stay alert to technological and systemic opportunities to increase employee effectiveness. Telemedicine serves as an example, but you can also simply examine whether a registered nurse is actually required to perform a particular function when a professional nurse might be able to do it just as effectively without sacrificing quality or raising issues. authorization.