A Philadelphia home healthcare agency has been ordered by a federal court to pay approximately $1.6 million in overtime compensation, following a consent judgment. The U.S. Department of Labor (DOL) supported the measure after discovering that 288 employees of the company were deliberately denied overtime pay.
According to a DOL news release, an investigation by the department's Wage and Hour Division found that Aging with Care Inc. failed to adequately compensate its health aides for overtime work. The company was also found guilty of improperly calculating hours across multiple clients for overtime estimates, not compensating health aides for travel time between clients' homes, maintaining inaccurate records of hours worked, and neglecting to keep payroll records. The company is owned by Amber Haq and came under scrutiny following an objection lodged by the department’s Office of the Solicitor on Feb. 21, 2023.
"Home healthcare aides provide vital services to the most vulnerable people in our communities and have the right to receive all of their hard-earned wages," said Mark Watson, Wage and Hour Division Regional Administrator. "This case highlights the impact of the work we are doing in the home care industry to ensure workers are compensated fairly and employers comply with the law."
The news release further disclosed that Aging with Care Inc., which operates two locations within the Philadelphia region, is required to pay $823,265 in back wages along with an equal amount in liquidated damages. In addition, a civil money penalty of $56,218 was imposed on the company by the division for intentionally violating employers' rights under the Fair Labor Standards Act.
Acting Regional Solicitor of Labor Samantha Thomas stated: "Home care professionals who work for third party agencies are entitled to overtime under the Fair Labor Standards Act. This litigation and its outcome reflect our continued commitment to bringing this industry into compliance."
