Department of Labor will use every tool available, including litigation, to prevent employers from depriving workers of their wages and from gaining an unfair competitive advantage over employers who abide by the law.” “Misclassifying workers and failing to pay overtime wages violates the law, and it hurts workers and their families, especially those who rely on hourly wages to make ends meet,” said Solicitor of Labor Seema Nanda. “The Wage and Hour Division works tirelessly to protect the rights of these essential workers to receive the wages they’ve earned, and to hold employers accountable when those rights are violated.” said Acting Wage and Hour Administrator Jessica Looman. “Every day, home healthcare workers provide essential services to people in need and their families. Following the investigation, the solicitor’s office filed the lawsuit against Successful Aging and Onwubiko. Additionally, the employer failed to compensate workers for time spent traveling between locations where their clients resided and did not maintain records of their travel time. The employer also failed to pay overtime to other properly classified employees, both FLSA violations. Investigators with Wage and Hour Division found that Successful Aging paid straight time instead of time-and-a-half to the misclassified aides for hours over 40 in a workweek. Separate from the consent judgment, the employer – operating as Successful Aging – must also pay $152,439 in civil money penalties the department assessed for the willful nature of the violations The court granted summary judgment to the department on several key issues previously, including finding Successful Aging and Onwubiko liable for overtime and recordkeeping violations of the Fair Labor Standards Act. and its owner Innocent Onwubiko to pay $2,272,436 in back wages and an equal amount in liquidated damages to the affected workers. District Court for the Eastern District of Pennsylvania entered a consent judgment on March 4 that requires Successful Aging Care Net Inc. Department of Labor investigators found that the employer misclassified some workers as independent contractors, which denied 503 home health aides their rightfully earned overtime wages.įollowing litigation of the case by the department’s Office of the Solicitor, the U.S. UPPER DARBY, PA – A federal court has ordered an Upper Darby home healthcare agency to pay $4,544,872 in back wages and liquidated damages after U.S.
Office of Disability Employment Policy (ODEP).Office of Congressional and Intergovernmental Affairs (OCIA).
Office of Administrative Law Judges (OALJ).Occupational Safety and Health Administration (OSHA).Mine Safety and Health Administration (MSHA).Employment and Training Administration (ETA).Employees' Compensation Appeals Board (ECAB).Employee Benefits Security Administration (EBSA).Bureau of International Labor Affairs (ILAB).
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