The U.S. Department of Labor found that Hurlbut Health Consulting LLC, an operation of several nursing homes in Rochester, New York, violated the overtime provisions of the Fair Labor Standards Act, and required Hurlbut Health to pay $375,649 in back wages and liquidated damages to 806 current and former employees.
The Department of Labor found that the nursing homes failed to combine hours worked when employees, including certified nursing assistants, licensed practical nurses and some non-nursing employees, worked at multiple locations in a week. It also found that Hurlbut miscalculated the weighted average when paying overtime and did not include bonuses and shift differentials in calculating employees’ required rates of pay. Employers are required to pay employees overtime at one and a half times their hourly rate when they work more than 40 hours in a week.
Based on these failures, Hurlbut was also required to pay $69,519 in civil penalties to the Department of Labor for their willful and repeated violations. “Despite previous experience and knowledge of the law’s requirements, Hurlbut Health Consulting has allowed new violations to occur, resulting in costly consequences,” said Wage and Hour Division District Director Michael Milazzo in Albany, New York. “Nursing home employees, including nurses and nursing assistants, provide essential care for patients that helps maintain their dignity and support their ongoing needs. They absolutely deserve the wages they have rightfully earned for their hard work and dedication.”
Under the Fair Labor Standards Act and New York Labor Law, nursing home employees must be paid the minimum wage, and one and one-half times their hourly wage rate for all hours worked over forty per workweek.
If you believe you are a victim of wage theft or have questions about your rights as a worker, contact the attorneys of Pechman Law Group at 212-583-9500. We have recovered over $30 million for victims of wage theft.
