What should an agency's SMS opt-in say for a 10DLC campaign?
Put the agency name, message purpose, and choice to receive texts next to the unchecked opt-in control. A plain example is: ‘I agree to receive [Agency] text messages about my inquiry and bookings at this number. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. See our Privacy Policy and Terms.’ Keep marketing consent separate from service-message consent, retain the form version and timestamp, and make the actual message use match the registered campaign. Have the messaging provider and counsel review the exact flow before launch; a generic site-wide consent sentence is not proof that a particular person opted in.
How should an agency handle a newborn-care deposit when a payroll partner objects to advance payment?
First name what the money is: an agency search retainer, a family-held reserve for future caregiver wages, or payment for care already worked. Those have different payees and records. Put the amount, when it is earned, cancellation and refund terms, and who pays the specialist in the agreement and invoice. Do not label future caregiver wages as an agency fee or route them through a workaround to satisfy a deposit request. Ask the payroll partner and a local adviser to approve the actual funds flow before collecting it.
Can an agency use a bonus or incentive to secure caregiver noncompete or non-solicit terms?
An incentive does not make an overbroad restriction enforceable. The FTC's nationwide noncompete rule is currently not in effect, so the agency still needs a current state-by-state review of any noncompete, non-solicit, confidentiality, or fee clause. Define the specific business interest, affected relationships, duration, and what the caregiver remains free to do. Offer compensation only after counsel confirms the clause is permitted and the bargain is clear. If the practical aim is preventing a direct booking after an introduction, a narrow, clearly disclosed client fee or booking process may fit better than restraining a caregiver's future work.
Should an agency charge caregivers an application fee?
Usually start by asking whether the fee solves a real screening cost or simply shifts the agency's recruiting expense to applicants. A fee can deter qualified caregivers, especially if it is collected before anyone has reviewed the application. If the agency still proposes one, check state and local rules, state the amount and refund terms before application, and never imply it guarantees an interview or placement. Compare an agency-funded screening budget or a later, clearly authorized third-party cost instead; document the decision and have counsel review the jurisdiction-specific arrangement.
Should an agency add an arbitration agreement to its contracts?
Decide which relationship and dispute the clause would cover: agency-client, agency-employee, or household-caregiver. Ask counsel in each governing jurisdiction to review notice, consent, costs, venue, remedies, class or collective-action language, and any claims the law does not permit the clause to cover. An employment arbitration clause cannot stop a worker from filing an EEOC charge; federal law also limits predispute arbitration for sexual-assault and sexual-harassment disputes. Explain the clause plainly and keep a signed version with the correct agreement instead of copying a template across all services.
What should a referral agency check before serving families in another state?
Make a separate launch checklist for each state where the agency solicits families, refers workers, operates an office, or employs staff. Confirm the state’s current employment-agency or domestic-work rules, business registration, advertising and contract disclosures, worker classification, insurance, taxes, and any local requirements with the responsible agency and qualified counsel. An agency’s home-state registration does not establish permission everywhere else. Document the exact referral versus employment model and the states involved before quoting fees or accepting a search. Recheck requirements when the model, location, or service changes.