So Cal residential care facility workers to receive $103K in back wages after US Labor Department investigation

Employers: St. James Home for the Elderly, Inc.

Sites:  

• St Elizabeth Home for the Elderly, 257 North Stephora Street, Covina, CA 91724
• St Elizabeth Home for the Elderly II, 837 North Sunflower Avenue, Covina, CA  91724
• St Therese Home for the Elderly, 1301 North Birchnell Avenue, San Dimas CA  91773
• St Anthony’s Home for the Elderly, 1312 East Mountain View Avenue, Glendora, CA 91740
• St James Home for the Elderly, 1042 Claraday Street, Glendora, CA  91740
• St John’s Home for the Elderly, 167 Sutter Court, San Dimas, CA  91773
• St Michael’s Home for the Elderly, 1506 South Candish Avenue, Glendora, CA  91740

Investigation findings: Investigators from the U.S. Labor Department’s Wage and Hour Division found that St James Home for the Elderly violated the overtime and recordkeeping provisions of the Fair Labor Standards Act. The firm paid the employees only for their scheduled hours, and failed to pay for any time spent caring for patients or performing other work-related duties before or after their scheduled shifts.  Failing to pay for this time resulted in employees not receiving their legally-required overtime when they worked more than forty hours in a workweek. The firm also failed to keep an accurate record of hours worked.

Resolution: The employer will pay $103,724 to 40 employees for the overtime violations.

Quote: “We must ensure that workers in this industry, who are caring for our loved ones, are paid for all the hours that they work,” said Skarleth Kozlo, assistant district director for the Wage and Hour Division office in West Covina.  “Other employers in this industry should take note of this investigation, and other workers who are being paid in this manner should give the Wage and Hour Division a call.  We are committed to ensuring that workers are paid every penny they have rightfully earned.”

Information: The FLSA requires that covered, non-exempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay for hours worked beyond 40 per week. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Employers also must maintain accurate time and payroll records, and are prohibited from retaliating against workers who exercise their rights under the law. For more information about federal wage laws administered by the Wage and Hour Division, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.