In recent Orange County, California employment news, the U.S. Department of Labor (DOL) has filed a lawsuit against Aspen Nursing Services for reportedly violating the Fair Standards Labor Act (FLSA). The DOL is asking the Kentucky court to award twenty-two employees with over $512,000 in back wages and liquidated damages.
After the DOL's Wage and Hour Division (WHD) investigated the home health care provider, the department allegedly found that since October of 2008, the company has violated the FLSA by neglecting to compensate their employees an hourly minimum wage rate, and failing to pay overtime compensation to employees who have worked beyond 40 hours in a week.
Aspen Nursing Services provides home healthcare workers for individuals who have physical and developmental disabilities in Ohio and Kentucky. The company reportedly does business as Aspen Community Living.
According to Oliver Peebles III, the regional administrator for the WHD in Atlanta, these workers perform a service that is both valuable and underappreciated, and as low-wage workers, they are entitled to all of the wages that are due to them under the FLSA.
As our Newport Beach employment lawyers stated in a previous blog, the FLSA requires that non-exempt employees must be paid at least the federal minimum wage of $7.25 for every hour worked and for any hours worked beyond 40 in the week, they must be paid time and one half their regular pay rates, including bonuses, commissions, and incentive pay. Employers are also, under the act, required to maintain time and payroll records that are accurate.
If you or someone you know in Los Angeles, Orange County, California, has experienced violations of wage and hour laws, our Anaheim-based team of attorneys and professionals can help. To set up a free meeting, please contact us online or call toll-free at 1-800-872-5925.
US Labor Department Sues Kentucky Home Health Care Provider to Obtain More Than $512,000 in Back Wages and Damages for 22 Employees, U.S. Department of Labor Press Release, November 4, 2010
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