Following an investigation and litigation, a federal court has ordered a Philadelphia home care agency and its owner to pay more than $410,000 in back wages and damages, a recent news release from the U.S. Department of Labor (DOL) said.
Jim Cain, Wage and Hour Division district director in Philadelphia, spoke on behalf of the employees and defended their fight for better wages.
“Alma Conway Home Care employees provide essential services on which people in our community depend," he said in the release. "These hardworking people deserve respect and to be paid all of their legally earned wages.”
The employees have not received accurate pay despite working overtime.
As a result of an investigation by the DOL, Alma Conway Home Care LLC and its owner have been ordered to pay $410,000 in back wages and liquidated damages to 55 employees. The agency paid some workers straight-time rates for all hours worked including overtime and also manipulated wage rates. It reduced employees' regular hourly rates when they worked overtime, resulting in less pay than their required overtime rates and inaccurate payroll records.
A consent judgment entered by the court mandates that Alma Conway Home Care and its owner, Sara Tucker, pay $205,434 in back wages and an equal amount in liquidated damages to the affected workers. The judgment also requires payment of $25,740 in civil money penalties and forbids future Fair Labor Standards Act violations.
In fiscal year 2022, the DOL recovered $14.9 million in back wages for more than 22,000 health care workers.
To enhance compliance in the home care industry, the Wage and Hour Division will present a free webinar on May 4 called "Worker Rights in the Homecare Industry" as part of its ongoing education and enforcement initiative. With the increasing demand for home health care services, employment in the health care industry is projected to grow by 13% from 2021 to 2031, adding approximately 2 million new jobs.
