MINNEAPOLIS – After a federal investigation found a Golden Valley franchisee of a national chain of home healthcare providers failed to pay overtime to certified nursing and patient care assistants as required by law – and then attempted to mask the violations – the U.S. Department of Labor has filed a complaint in federal court in Minneapolis to recover back wages and damages.
In its filing, the department seeks back wages and an equal amount in liquidated damages for 25 employees of Getch Inc. in Golden Valley, and its owner, Gregory B. Getchell, operator of Amada Senior Care Twin Cities. The action follows an investigation by the department’s Wage and Hour Division that determined the employer owes $75,101 in overtime back wages to the affected workers.
Investigators found Getch violated federal law by paying a flat daily rate to workers who provided live-in assistance with self-care and daily living activities, and failed to pay overtime as required. Then, in an effort to create the appearance that overtime had been paid, Getch altered employees’ pay records. Additionally, the employer misapplied rules waiving employers’ overtime pay obligations, and failed to pay an office worker the overtime wages due. These actions resulted in violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act.
“All too often, we find home healthcare industry employers systemically violating overtime rules that deny workers their full hard-earned wages,” said...
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https://www.dol.gov/newsroom/releases/whd/whd20220810