Takeaway: Employers should take care to comply with the FLSA’s recordkeeping regulations requiring them to make, keep, and preserve records of their employees’ wages, hours, and other conditions and practices of employment. In cases like this one, where the employer was already on notice of shortcomings in its recordkeeping and compensation practices and chose not to comply, courts are unlikely to be sympathetic in subsequent litigation.
A home health care service willfully violated the Fair Labor Standards Act (FLSA) by failing to compensate its home health aides for time spent traveling between clients’ homes, the 3rd U.S. Circuit Court of Appeals held Jan. 31.
Philadelphia-based Nursing Home Care Management Inc., which does business as Prestige Home Care Agency, had been investigated by the U.S. Department of Labor (DOL) earlier regarding its overtime compensation practices. At that time, the DOL had sent the firm’s president guidelines on rules for compensating employees.
The DOL, pursuing a larger investigation in 2018, sued the firm for:
The district court granted summary judgment for the DOL on every claim, and the firm appealed.
Examining the question of whether an aide’s travel time between...
Member of the group DJ DOC, Lee Ha-neul has announced a counter-suit against singer Jubi Train and the representative of his agency BASS Camp Studio. On the 21st, BASS Camp Studio issued an offici...