US Department of Labor finds Albuquerque home healthcare provider denied 64 workers more than $130K in overtime wages, damages

Employer name:                   Advantage Communications Systems Inc.

Investigation site:                 4219 Montgomery Blvd. NE

                                                         Albuquerque, NM 87109

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found Advantage Communications Systems Inc. paid some workers a flat rate for live-in shifts, and a salary to others. In some cases, the employer allowed workers’ wages to fall below the federal minimum wage of $7.25. Investigators also learned Advantage failed to include bonuses and differential pay when calculating the regular pay rate for overtime purposes. By doing so, the home healthcare company denied overtime premiums to 64 workers. These pay practices violated the Fair Labor Standards Act.

Back wages recovered:         $65,286 in back wages

                                                           $65,286 in liquidated damages

Quote: “Home healthcare workers provide essential care for people in need and often work very long hours as live-in shift workers.  Advantage Communication Systems Inc. paid some workers less than the minimum wage and denied others proper overtime payment as required under the Fair Labor Standards Act,” said Wage and Hour District Director Evelyn Ortiz in Albuquerque, New Mexico. “Many employers are struggling to retain and recruit the employees needed to operate their businesses, while workers are seeing an increase in job openings, and many are choosing new occupations. Ensuring that their workers are paid properly is a fundamental necessity for every employer.”