Takeaway: Sketchy communication and faulty record keeping sent these wage claims to trial. That the employees in this case were undocumented did not save the employer from facing trial.
A federal district court case illustrates the pitfalls of an employer's failures to explicitly document policies regarding wages and hours of work, to ensure employees use established reporting systems, and to properly report employees' regular and overtime hours and pay.
Three live-in personal care assistants (PCAs) formerly employed by CareOne Health Services LLC sued their employer and its sole owner, claiming they had violated the Fair Labor Standards Act (FLSA) and the Connecticut Minimum Wage Act by failing to properly compensate them for overtime hours worked, including time when their sleep allegedly was interrupted by clients' needs. The employer filed several state law counterclaims arising from the PCAs' alleged failure to report sleep interruptions.
The court granted in part and denied in part the employer's motion for summary judgment. It also denied the employees' request to dismiss the counterclaims but notified the parties that it would consider exercising discretion to enter summary judgment in the employees' favor.
The employer is licensed by the State of Connecticut to provide home health care, homemaker and companion services. The relevant state regulation requires an employer of live-in PCAs to employ them for no more than 13 hours per day, allowing for at least eight—...
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