Home health aides and other home care workers serve a vital role in assisting those who are ill, elderly, or otherwise in need of day-to-day assistance. Many of these workers are paid on an hourly basis and are entitled to overtime pay.
Employees covered by the overtime protections enumerated in the Fair Labor Standards Act (FLSA) should receive time and a half, or 1.5 times their regular rate of hourly pay, whenever they work more than 40 hours in a given week. When companies that employ home care workers do not provide fair wages and benefits as stipulated in the FLSA, it is illegal and employees have a right to fight back.
There are many examples in recent history where lawsuits have been brought on behalf of home care workers, including one that recovered $1 million for 77 home care professionals. If you are a home care worker and have questions about seeking back overtime pay from your employer, a seasoned attorney can help you understand your situation and next steps.
The Story Behind a Historic Payout
In December 2022, the U.S. Department of Labor’s Wage and Hour Division announced the results of a wide-ranging investigation affecting 77 home care workers in Seattle. These workers were employed by numerous home healthcare providers in the area.
Following this compliance investigation, the Division determined that these home healthcare companies had deprived these 77 employees of over $530,000 in wages they were rightfully owed. Multiple home healthcare companies caught up in the investigation utilized tactics that included paying their employees a flat daily rate, no matter how many hours they worked.
By compensating workers on a flat daily rate basis, these home healthcare providers were not only paying some of their workers below the federal minimum wage but were also denying overtime to those who exceeded 40 hours in a given workweek. Other noncompliant home healthcare companies had engaged in violations such as neglecting to record the hours worked by employees and failing to calculate wages on a workweek basis.
The Wage and Hour Division recovered approximately $1.1 million in liquidated damages and back wages for the 77 workers and also assessed more than $30,000 in civil penalties against these employers.
The Prevalence of Wage and Hour Violations in the Healthcare Industry
This case is just one of many examples where workers have recovered extensive awards of back wages and damages The healthcare industry is particularly rampant with instances of wage and hour violations perpetrated by careless or otherwise noncompliant employers.
In 2021 alone, the DOL collected nearly $14 million in back wages for 17,000 healthcare workers nationwide. From 2021 to the time of this single $1.1 million payout in 2022, it was determined that there were violations in 80% of over 1,600 investigations conducted into the healthcare industry.
These compliance initiatives have imposed well over $1 million in penalties on employers and collected upwards of $30 billion in damages and back wages for thousands of healthcare workers across the country. Healthcare companies that fail to compensate workers for overtime, do not pay the minimum wage, force employees to work off the clock, engage in improper recordkeeping, or make illegal wage deductions should be held accountable.
If you or a loved one work in the healthcare industry and have experienced these or other illegal wage and hour tactics, you should speak with an attorney. A lawyer can fight tirelessly for your rights and help you get the wages you deserve from your healthcare employer.
Speak With an Unpaid Wages Attorney About Your Rights
Many home health workers are compensated for each visit they conduct with patients. This may lead them to believe they are not entitled to compensation for overtime pay.
Almost all home care workers are entitled to overtime pay, as evidenced in this and other cases. Caregivers should also be compensated for tasks performed outside the home, such as driving, preparing charts, or completing paperwork.
If you are a home care worker and you believe you have a claim for compensation, you should speak with an attorney for more information. Start your free, confidential review by using our online chat or submitting a form.
