The U.S. Department of
Labor filed a lawsuit against Care at Home LLC, a Connecticut home care agency,
to recover unpaid overtime wages, and liquidated
damages, for 51 current and former employees.
The lawsuit alleges that
Care at Home LLC and its co-owners violated the overtime and recordkeeping
requirements of the Fair Labor Standards Act (FLSA) when they paid home health care
workers the
same hourly rate for all hours worked instead of an overtime rate of one and a half, when
they worked over 40 hours in a workweek.
In addition, Department
of Labor investigators found that Care at Home LLC improperly deducted $33 per
day from the employees’ wages for food and housing expenses. The housing
deductions created violations because the employer failed to maintain accurate
records substantiating the cost of lodging when employees were required to
spend the night at a client’s home. The employers also failed to maintain
records of food costs. The law limits the deduction employers may make to
$10.88 per day absent records substantiating a higher deduction.
The lawsuit also alleges
that Care at Home LLC failed to record the times when employees began and ended
work, and when clients’ needs interrupted their sleep. If the employee cannot
sleep without interruption for 5 hours, the entire sleep period must be considered
paid work time.
“An employer’s failure to pay required wages
and to maintain complete and accurate records short-changes its employees and
puts law-abiding employers at a competitive disadvantage,” said Michael Felsen,
Regional Solicitor of Labor in Boston. “The U.S. Department of Labor will
continue to use appropriate legal resources – including lawsuits, when
necessary, to protect employees and to ensure a level playing field for
employers.”
