Summary: Receiving the money you have rightfully earned should be nonnegotiable, but home healthcare workers are frequently subjected to a range of wage violations. One recent case involving Louisiana home healthcare workers led to a $158,000 legal recovery for back wages. Contact us for help with your situation today.
Home healthcare workers perform essential duties to help the sick and elderly. Unfortunately, these indispensable members of the workforce are often taken advantage of by their employers. Although home healthcare workers are usually entitled to overtime pay under the Fair Labor Standards Act (FLSA), employers sometimes blatantly ignore these laws.
A recent investigation into FLSA violations in Louisiana recovered $158,000 in back pay for home healthcare workers. You should consider hiring an experienced Fair Labor Standards Act (FLSA) attorney if you believe your employer has violated your rights to wages or overtime.
An Investigation Recovers $158K in Damages for Home Healthcare Workers
A recent investigation led to a more than $158,000 recovery for 78 home healthcare workers in Louisiana who had been deprived of overtime pay. The home healthcare provider that employed these professionals had misclassified 77 of the 78 workers as independent contractors.
As a result, workers lawfully entitled to overtime pay were denied overtime wages even if they worked more than 40 hours in a workweek. The Louisiana-based company also did not pay one of its workers for all hours worked, another FLSA violation.
The company was forced to pay the affected workers more than $79,000 in back wages and an equal amount in liquidated damages.
Wage Theft and Home Healthcare Workers
Most home healthcare workers are considered nonexempt under the FLSA, which means they should receive overtime pay when they exceed 40 hours in a given workweek. After exceeding 40 hours in a workweek, overtime wages of time and a half kick in that should apply to each overtime hour the worker completes.
Common overtime violations faced by home healthcare workers include:
- Being paid straight time for overtime
- Being paid a set rate for a shift but not accounting for overtime pay after 40 hours
- Being misclassified as independent contractors for the purposes of withholding overtime or other rightful wages
- Being required to work through meal breaks but going unpaid for these periods
Workers who continue to work during meal and sleep periods but are not compensated appropriately in straight time or overtime pay may be owed unpaid wages plus additional damages. Home healthcare workers who do not receive overtime pay or do not receive the right amount of overtime pay can also take legal action.
What to Do If You Are a Home Healthcare Worker Owed Back Pay
Wage and hour laws are intricate. The nuances of your particular situation inform what financial recovery pay is possible for you. The $158,000 recovery of backpay for Louisiana home healthcare workers is just one instance of the potential overtime violations employees in this industry face on a regular basis.
An attorney can advise whether you have a viable claim and communicate with your employer on your behalf to try to resolve the issue through a negotiated settlement. If a settlement cannot be reached, a skilled lawyer can take your case to court to recover fair and full compensation.
Fill out our online form or start a chat as soon as possible to request your free, confidential review and take the next steps for your claim.
