LAFAYETTE, La. — A home health care agency in New Hampshire that employs about 30 certified nursing assistants, home health aides, and homemakers has agreed to make payments for unpaid overtime wages after it was investigated by the state attorney general’s Fair Labor Division, which is tasked with enforcing state wage and hour laws. The investigation involved 18 workers, and the agency initiated it after receiving a complaint that Elite Home Health failed to pay employees the proper overtime rate of pay for time worked in excess of forty hours in a work week.
State Wage Violations
According to the attorney general’s office, it investigated Elite Home Health and found that between October 2, 2012 and December 11, 2014 the employer paid employees a higher hourly rate of pay when the employees worked overnight and weekend shifts. However, it did not pay employees one and one-half times their regular hourly rate of pay when they worked more than 40 hours in a work week.
Upon learning of the violations, Elite Home Health agreed to conduct a two-year overtime self-audit of its records and agreed to settle the allegations in full. The company’s self-audit showed that it owed $22,940 in restitution to 18 employees. According to the Fair Labor Division, the company will make monthly restitution payments of nearly $2,000 to the attorney general’s office, which will handle distribution to the affected employees. It will also pay a $3,500 penalty.
New Home Health Care Regulations
Recently, the U.S. Department of Labor issued new regulations governing overtime and minimum wage for home health care agencies under the Fair Labor Standards Act (FLSA). Under the new rules, most direct care workers are entitled to be paid at least the federal minimum wage and overtime pay. Direct care workers employed by a home care agency or another employer and not directly employed by the person being assisted or his or her family must be paid at least the federal minimum wage and overtime pay. If the worker is directly employed by the person being assisted or that person’s family, then coverage under minimum wage and overtime protections are dependent on duties.
Home health care providers are protected by FLSA’s minimum wage and overtime provisions, in addition to any existing state laws that provide coverage. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you are a home health care provider who is being deprived of minimum wage and overtime pay. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.