More than 100 home care companions in southern Louisiana will receive nearly $355,000 in back wages and damages. This follows investigations by the U.S. Department of Labor’s Wage and Hour Division into two home care providers under common ownership.
The investigation revealed that SafeCare LLC in Franklin misclassified several employees as independent contractors, paying them straight-time rates for all hours worked, including overtime beyond 40 hours a week. Meanwhile, ApexCare LLC in New Iberia was found to have denied overtime pay to six workers for hours exceeding 40 per week.
“Home care workers are among the highest employees misclassified as independent contractors, paid straight time for overtime and not paid for all the hours they worked,” said Wage and Hour Division District Director Troy Mouton in New Orleans. “Misclassification deprives workers of protections under wage and hour laws and allows employers who misclassify workers an unfair advantage over competitors who comply with the law. These violations can lead to serious legal consequences for employers.”
The division recovered $176,082 in back wages and an equal amount in liquidated damages from SafeCare for affected employees. Additionally, it secured $1,396 in back wages and an equal amount in liquidated damages for those affected at ApexCare to resolve their Fair Labor Standards Act violations.
“Employers with questions about whether their pay practices comply with federal regulations should contact their local Wage and Hour Division,” Mouton added.
For more information about the Wage and Hour Division or to check if you may be owed back wages collected by the division, individuals can access a search tool provided by the agency. The division offers confidential communication with both workers and employers in over 200 languages at 1-866-4-US-WAGE (487-9243).
The agency has also introduced a new Timesheet App available on Android and Apple devices in English and Spanish to help ensure accurate tracking of hours and pay.
Further details on employee misclassification are available through the division's resources.
