Federal investigators from the U.S. Department of Labor (DOL) have unveiled substantial violations at a home healthcare business in Alabama. The investigation resulted in the recovery of $532,842 in back wages and liquidated damages owed to 67 misclassified employees. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

Company Misclassified 67 Employees as Independent Contractors 

A home healthcare business dedicated to in-home day and overnight healthcare services, erroneously labeled these employees as independent contractors. Consequently, the workers, committed to caring for sick and older adults, were paid at straight-time rates for all their hours worked, denying them the additional half-time rate for overtime hours exceeding 40 per workweek. This practice violated the Fair Labor Standards Act (FLSA) regulations. Additionally, the employer failed to maintain accurate payroll records, as mandated by law. 

Kenneth Stripling, District Director of the Wage and Hour Division in Alabama, highlighted the severity of misclassifying employees, emphasizing the DOL’s commitment to protecting the rights of care workers and ensuring they receive rightful wages and benefits for their dedication and vital services. 

Employee Misclassification: A Widespread Issue 

The significant recovery in back wages and damages in this case sheds light on the pressing issue of misclassification prevalent in various industries, particularly the healthcare sector. In fiscal year 2022 alone, the Wage and Hour Division concluded over 1,100 investigations within healthcare industries, retrieving nearly $15 million in back wages for more than 22,000 workers. 

The Division encourages both workers and employers to seek assistance and guidance, emphasizing confidential support available for those with inquiries or concerns regarding labor laws. 

Business owners and workers can access vital resources and support from the Wage and Hour Division through multiple channels, including a toll-free helpline, online materials, and the department’s user-friendly Timesheet App, facilitating accurate record-keeping of work hours and pay. 

Conclusion 

The substantial recovery of back wages from the home healthcare business serves as a significant reminder to businesses, especially in the care industry, of the severe consequences of misclassifying employees. Compliance with labor laws isn’t just a legal obligation; it’s essential for upholding workers’ rights and fair compensation. Business owners must ensure proper employee classification and adherence to wage regulations to avoid penalties and safeguard the well-being of their workforce. Upholding the integrity of labor laws isn’t just about avoiding penalties; it’s about valuing and respecting the hard work of employees who contribute immensely to essential services. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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