Home nursing agency settles federal wage dispute — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Home nursing agency settles federal wage dispute

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in Human Resources,Overtime Labor Laws

Extended Health Care Private Duty Nursing, a Los Angeles-area home nursing agency, has agreed to pay $654,082 to settle a Fair Labor Standards Act complaint that followed a federal probe into its pay practices.

A U.S. Department of Labor Wage and Hour Division (WHD) investigation revealed the company had paid some of its employees “straight time” even when their hours exceeded 40 per week. Federal investigators said that even some of the company’s longest-tenured employees received only time and one-quarter for their overtime hours.

Some employees did receive overtime at the required rate of time-and-one-half—but only if they worked more than 80 hours in a biweekly payroll period.

The investigation also determined the company misclassified some employees as independent contractors. In addition, EHC faced record-keeping violations.

In all, 108 nurses will recover back pay under the settlement agreement.

Note: The IRS and WHD are taking a close look at independent contractor classification issues. Have your attorney regularly evaluate your independent contractor relationships to ensure they comply with the law.

{ 1 comment… read it below or add one }

Companion Care October 15, 2012 at 6:40 pm

This is a huge issue in the home health industry. I think a lot of home health agencies struggle because there isn’t an effective way to keep track of employees that are constantly jumping from one house to another.


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