For 133 employees of an El Paso-based home healthcare services provider, the U.S. Department of Labor has successfully obtained more than $500,000 in back wages and damages. San Lorenzo Adult Provider and Pediatrics neglected to provide legally mandated overtime compensation to these workers, according to an Aug. 3 news release.
"San Lorenzo Adult Provider and Pediatrics’ failure to understand the law and calculate overtime properly had costly consequences," Wage and Hour Division District Director Evelyn Ortiz, in Albuquerque, N.M., said in the release. “An employer’s pay practices must comply with federal laws that protect workers’ rights to their full wages, including their right to be paid time and one-half their regular rate for hours over 40 per workweek.”
Despite the demanding nature of their work caring for individuals in need, the employees were not paid the appropriate overtime wages at San Lorenzo Adult Provider and Pediatrics, the release reported. San Lorenzo Adult Provider and Pediatrics specializes in offering residential care services that encompass various tasks such as bathing, cleaning, cooking and companionship for adults.
The DOL Wage and Hour Division is responsible for enforcing labor standards, including the Fair Labor Standards Act, and ensuring workers are treated fairly in terms of pay practices, according to the release. It investigates cases where employees may have been misclassified as independent contractors, resulting in the denial of essential benefits and worker protections.
The division protects workers regardless of their immigration status and offers support in more than 200 languages, the release said. To further assist workers, the agency introduced a new Timesheet App available in both English and Spanish for Android and Apple devices, aiding in accurate tracking of hours and pay.
Following the investigation, San Lorenzo Adult Provider and Pediatrics has been ordered to provide $501,211 in overtime pay and liquidated damages to the affected workers, the release reported. The division's inquiry revealed the employer disregarded the requirement to pay time-and-a-half the regular rate-of-pay for hours exceeding 40 in a workweek, instead opting to pay straight time for all hours worked.
