In a recent case brought forward by the DOL, small and midsize business owners are given a stern reminder of the severe penalties associated with employment law violations. A residential care provider based in Pennsylvania, has been held accountable for misclassifying workers and failing to pay them the overtime wages they rightfully deserved. This incident serves as a stark warning to businesses of all sizes about the financial and legal ramifications of failing to comply with employment laws. 

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

Residential Care Provider Fined For Worker Misclassification and Overtime Violations 

The investigation conducted by the DOL’s Wage and Hour Division unveiled some alarming findings. The residential care provider had wrongly classified two of its workers as independent contractors, depriving them of their employee rights, including overtime pay for hours worked beyond the standard 40-hour workweek. Additionally, the company failed to maintain proper records of daily and weekly hours worked for these misclassified employees, compounding the violation. The accurate rates of pay were also not reflected on the payroll records, further exacerbating the employer’s misconduct. 

Substantial Repercussions 

The DOL recovered a total of $49,310 in back wages for the affected workers, reflecting the amount they were owed but had been denied. In addition, an equal amount of $49,310 was imposed as liquidated damages, serving as compensation for the hardships endured by these two employees due to their mistreatment. 

As John DuMont, the Wage and Hour Division District Director in Pittsburgh, aptly put it, “Failing to properly classify workers as employees and not independent contractors denies them from receiving all of their hard-earned wages, benefits, and protections under federal law.” This statement underscores the importance of correctly classifying workers to ensure they receive the full range of legal benefits and protections to which they are entitled. 

Background information about the residential care provider reveals that the company provides unskilled healthcare services for individuals with dementia and disabilities. While this specific case may pertain to a residential care provider, the underlying lesson applies to businesses across industries. Properly classifying workers, maintaining accurate records, and adhering to employment laws are non-negotiable responsibilities for all business owners, regardless of their field of operation. 


The case of the residential care provider underscores the critical importance of compliance with employment laws. Small and midsize business owners must be acutely aware of the penalties associated with misclassifying workers and failing to provide overtime pay. Neglecting these responsibilities can lead to severe financial and legal consequences. It is imperative for all business owners to prioritize adherence to employment laws to avoid costly violations and protect their employees’ rights and well-being. 

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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