DIRECT CARE WORKERS

What are the minimum wage, overtime pay, and recordkeeping requirements for Home Care Agencies or Other Third Party Employers as of January 1, 2016

If you are employed as a direct care worker by a home care agency or other third party employer, effective January 1, 2016, you are required to be paid at least the federal minimum wage and overtime pay regardless of your duties. Direct care workers are workers who provide home care services, such as certified nursing assistants, home health aides, personal care aides, caregivers, and companions.

Also effective January 1, 2016, agencies and other third party employers may no longer claim the overtime pay exemption for live-in domestic service workers.

Minimum wage

The federal minimum wage is currently $7.25 an hour, though many states have their own minimum wage laws. When a worker is protected by both state and federal minimum wage laws, the worker is entitled to the higher minimum wage.

Overtime

Workers who are covered under federal overtime pay protections must be paid at a rate not less than one and one-half times their regular rate of pay after 40 hours of work in a workweek.

Example

For example, if a covered worker earns $10/hour and works 45 hours in a workweek, then the overtime rate is $15/hour and the worker must be paid $15/hour for the five hours of overtime work in that workweek. The worker would then earn $475 ($10 x 40 + $15 x 5) in that workweek.

Recordkeeping

You are also required to keep basic employee time and pay records for any nonexempt direct care worker you employ, including the hours they work.

IMG_3148If you feel that you have not been compensated for the hours you have worked you may call the law office for a FREE strictly confidential consultation about your claim for minimum wage or unpaid overtime wage violations at: (954) 948-8130. Or you can complete the simple form below for submission to us.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with the law firm.   You must provide your name,  home or cell phone number, your email address and your zip code in the form.  We look forward to discussing your possible minimum wage and/or overtime pay violations claim. We are passionate about defending and enforcing workers’ rights for unpaid wages.

 

 

 

 

 

 

 

 

Nursing home to pay $54,000 in back wages to 66 workers for “meal breaks” violations

King’s Daughters and Sons Home

WAGE AND HOUR DIVISION (WHD), U.S. DEPARTMENT OF LABOR

Release Number: 12-98-ATL (026)

January 30, 2012

In January 2012, King’s Daughters and Sons Home, located in Bartlett, Tenn.,   agreed to pay $54,081 in back wages to 66 current and former employees following a U.S. Department of Labor investigation that found violations of the Fair Labor Standards Act’s overtime provisions. The Bartlett nursing home provides residential services to individuals with physical disabilities.

The Wage and Hour Division of the DOL determined that even though employees had worked through their meal breaks the employer had deducted 30 minutes per day from their work hours for those periods. This failure to pay for all hours worked resulted in employees not receiving one and one-half times their regular rates of pay for hours beyond 40 in a week, as required by the FLSA.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.

If you are a nursing home worker  and have been the victim of  wage theft by your employer you should consult with an attorney to see if you have any claims.

This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”

As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.

Please also note that some cases we report on were initiated by the Department of Labor and then settled  without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.

Please feel free to complete the form below for submission to our law firm if you would like more information about your possible employment claim.  A representative will review it and  contact you. Please allow one  business day for someone to contact you and if you do not hear back from us then  it is possible that we did not receive it. This is a FREE consultation and you will not be charged for this call. Also please be advised that, merely by submitting this form, no Attorney-Client relationship is formed with the law firm.  The ONLY way that an Attorney-Client relationship with  the Law Office of Rose H. Robbins is formed is by specifically written  agreement signed by you and the Law Office of Rose H. Robbins.  You must provide your name,  home  or cell phone number and your zip code and all remaining fields are optional.

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Aspen Nursing Services ordered to pay back wages for overtime to home health care workers

A federal court has ordered Aspen Nursing Services Inc. to pay $210,000 in back wages and damages to 22 employees who worked for the company’s home health care division, Aspen Community Living, in Louisville.

The judgment results from a lawsuit filed by the U.S. Department of Labor alleging violations of the Fair Labor Standards Act.The suit arose from an investigation that found that the company failed to pay employees an hourly rate equaling the minimum wage, and employees who worked more than 40 hours in a week had not been paid the required one and one- half times their regular rates of pay for overtime hours.

The labor department said employees were paid flat rates per day. The company also failed to keep accurate records of employees’ hours.

Our firm will prosecute class  and collective actions on behalf of aggrieved employees. We will undertake any litigation arising from this investigation on a contingent fee basis. If a lawsuit is filed as a result of this investigation, we will only seek payment of any fees from recovery generated by the lawsuit. This means any fee we receive will be paid by the defendant or out of any settlement or judgment recovered.  Likewise, all costs will be advanced by us. If an action is filed and not successful, you would not be responsible for any of our fees or costs. If you wish to discuss this investigation and any potential legal options you may have, or if you have any questions please contact our law office.

You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential “contact us” form below which will arrive at our law offices instantly. You may email us too: rose (at) roserobbins.com   If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.