Julie Su Acting United States Secretary of Labor | Official Website
The U.S. Department of Labor has secured a summary judgment in federal court to recover over $1 million in back wages and liquidated damages for 193 employees of a Pennsylvania home care agency. The agency, WiCare Home Care Agency LLC, and its owner, Luis Hernandez, were found to have failed to pay the required minimum and overtime wages.
In response to the department’s motion for summary judgment, the U.S. District Court for the Middle District of Pennsylvania issued a judgment on July 31, 2024. The court mandated that WiCare Home Care Agency LLC and Hernandez pay $529,770 in back wages plus an equal amount in liquidated damages.
“Care industry workers provide support to people who depend on them for essential, quality-of-life services and they deserve to be paid fully for their hard work and dedication,” said Wage and Hour Administrator Jessica Looman. “Wage violations are all-too-common in the healthcare industry and we are determined to root out offenders and hold them accountable for the financial harm they cause their employees.”
The action follows an investigation by the department’s Wage and Hour Division which revealed that WiCare did not pay the required overtime rate for hours worked over 40 in a workweek. Additionally, it was found that some employees were not compensated for all hours worked or were paid less than $7.25 per hour, the current federal minimum wage. Investigators also discovered that WiCare failed to maintain accurate time records as mandated by the Fair Labor Standards Act.
“The Department of Labor will use all of its resources, including litigation if needed, to send a clear message to employers that willfully deny employees all of their hard-earned wages,” stated Solicitor of Labor Seema Nanda. “Defying federal regulations that protect workers’ rights is a serious mistake with costly consequences.”
WiCare Home Care Agency LLC provides various in-home care services such as companionship, personal care, homemaking, and daily living support across multiple counties including Adams, Berks, Carbon, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon Lehigh Northampton Perry Schuykill York
For more information about protections for care workers and employer responsibilities under federal minimum wage and overtime laws contact its toll-free helpline at 866-4US-WAGE (487-9243). Additional resources include a search tool available through the division's website which can help determine if back wages are owed Workers employers can call confidentially with questions or concerns regardless of location The division offers assistance in more than 200 languages A free timesheet app is also available from the department in English or Spanish on Android iOS platforms
