INDIANAPOLIS – The U.S. Department of Labor’s Wage and Hour Division and 13 home health care businesses in Indiana have reached agreements to resolve violations of the overtime provisions of the Fair Labor Standards Act found by Division investigators. As a result, 379 workers will receive more than $948,000 in back wages and damages.
“The U.S. Department of Labor welcomes the decisions made by these home health care businesses to correct the violations we identified,” said Patricia Lewis, district director for the Department’s Wage and Hour Division in Indianapolis. “Our enforcement levels the playing field for other employers in this industry, and our education and outreach efforts continue to ensure that employers understand their responsibilities. Our efforts on both fronts protect responsible employers and hard-working employees.” The investigations found violations of the FLSA’s overtime and recordkeeping provisions, as well as companies misclassifying employees as independent contractors. The following companies were investigated: Company Name Location # of Employees Payment Retro Home Care Services, Inc.
Indianapolis 68 $292,340 Safe at Home Bedford 112 $271,064 Interim Health Care Lawrenceburg 59 $203,085 Access Indianapolis 26 $96,487 First Call Residential Living Indianapolis 17 $25,076 Tender Love Home Services Merrillville 41 $23,118 Heart and Soul Caring LLC Tipton 24 $17,000 1st Option Adult Day Services Merrillville 10 $10,220 Cathy Carter Warsaw 5 $4,637 Individual Support Services Middletown 4 $1,961 Royal Care LLC Royal Center 4 $1,945 Senior 1 Care Mishawaka 1 $1,333 Firefly Home Care Middlebury 8 $416 Compliance information specific to the home care industry is available on the division’s website at https://www.dol.gov/whd/homecare/.
Workers and employers with questions about determining the difference between independent contractors and employees can get more information about this topic and all of the federal wage laws administered by the Division by calling the agency’s toll-free helpline at 866-4US-WAGE (487-9243). All calls are confidential. More information is available online at http://www.dol.gov/whd/.
Source: Wage and Hour Division
