A federal court reportedly found a Philadelphia home health care agency and its owner misclassified workers and ordered the company to pay nearly $410,000 in back wages, damages and civil penalties, according to a March 15 U.S. Department of Labor news release.
Lady of Fatima Home Health Services and its owner Fatmata Turray was ordered to pay the damages and penalties through a consent judgement entered by the U.S. District Court for the Eastern District of Pennsylvania, the U.S. Department of Labor reported.
“This work is essential, and it is essential that home care workers receive all of the wages they are due,” James Cain, Wage and Hour district director in Philadelphia, said.
Wage and Hour Division investigators found the company violated the Fair Labor Standards Act by misclassifying some home health care workers as independent contractors and failed to compensate for all the time worked, the release said.
Philadelphia Regional Solicitor of Labor Oscar L. Hampton II said this enforcement goes a long way in ensuring the home care workers receive all of their wages, including overtime pay.
“Employers simply cannot call an employee an independent contractor to circumvent their overtime obligations under the law,” Hampton said.
