BUFFALO, NY – The U.S. Department of Labor has recovered $375,649 in back wages and liquidated damages for 806 current and former employees of nursing homes in upstate New York that were denied overtime pay in violation of federal law.
The department’s Wage and Hour Division found that Hurlbut Health Consulting LLC – doing business as Hurlbut Care and Hurlbut Care Communities – violated provisions of the Fair Labor Standards Act by failing to pay workers time-and-one-half rates for hours over 40 in a workweek.
Specifically, the investigation revealed that Hurlbut failed to combine hours worked when employees, including certified nursing assistants, licensed practical nurses, and some non-nursing employees, worked at multiple locations in a week. The employer also miscalculated the weighted average when paying overtime and did not include bonuses and shift differentials in calculating employees’ required rates of pay.
“Nursing home employees, including nurses and nursing assistants, provide essential care for patients that helps maintain their dignity and support their ongoing needs. They absolutely deserve the wages they have rightfully earned for their hard work and dedication,” said Wage and Hour Division District Director Michael Milazzo in Albany, New York. “Despite previous experience and knowledge of the law’s requirements, Hurlbut Health Consulting has allowed new violations to occur, resulting in costly consequences.”
In addition to the back wages and liquidated damages, Hurlbut has paid $69,519 in civil money penalties to the department for their willful and repeated violations. The division identified similar violations in previous investigations of this employer.
The back wages and liquidated damages cover affected former and current workers at several facilities: Brightonian Nursing & Rehabilitation; Hamilton Manor Nursing & Rehabilitation; The Hurlbut; Latta Road Nursing Home East; Latta Road Nursing Home West; The Shore Winds Nursing Home; Woodside Manor Nursing Home (Rochester); Avon Nursing & Rehabilitation (Avon); Hornell Gardens (Hornell); Conesus Lake Nursing & Rehabilitation (Livonia); Newark Manor (Newark); Penfield Place Nursing & Rehabilitation (Penfield); Seneca Nursing and Rehabilitation (Waterloo).
Headquartered in Rochester, Hurlbut Health Consulting LLC was founded in 2010 and operates skilled nursing home facilities across Livingston, Monroe, Seneca, Steuben, and Wayne counties.
In fiscal year 2023 alone, the Wage and Hour Division recovered more than $31.7 million in back wages for over 24,000 workers nationwide within the healthcare industry. Resources for healthcare workers and employers are available on its website.
For further information about compliance with labor laws or if you think you may be owed back wages collected by the division visit their website or call their toll-free helpline at 866-4US-WAGE (487-9243). Assistance is available confidentially in more than 200 languages regardless of immigration status. Additionally, download the agency’s Timesheet App for iOS or Android devices—free of charge—in English or Spanish to ensure accurate tracking of hours worked.
