ROCHESTER, NY – A federal investigation has recovered $228,379 in back wages for 260 employees of a Rochester-based home healthcare agency that denied them overtime for hours over 40 in a workweek.
U.S. Department of Labor Wage and Hour Division investigators found that TruCare Connections misapplied state law when it paid home healthcare aides at its Rochester and Syracuse locations straight time for all hours up to 44 hours in a workweek. Although the employer paid employees overtime for hours worked over 44, the Fair Labor Standards Act requires overtime be paid after 40 hours. The back pay consists of the wages due the employees for the hours between 40 and 44 they worked per week.
“Home healthcare workers provide skilled nursing and assistance with essential daily living tasks and enable thousands of Americans to remain in the comfort of their own homes. They also provide peace of mind to the families of those receiving care,” said Wage and Hour Division District Director Jay Rosenblum in Albany, New York. “Industry employers are obliged to understand and follow wage laws so that these workers can care for themselves and their families.”
In addition to the wage violations, TruCare Connections also violated the FLSA’s child labor restrictions by employing two 15-year-old workers as personal care aides. Their jobs involved performing duties not listed as permitted occupations for 15-year-olds, and they routinely worked more than 18 hours per week during school weeks in...
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