US Department of Labor recovers $37K in back wages for 35 caregivers misclassified as independent contractors by Williston home care provider

Employer:       Circle of Love Home Care LLC 

Investigation site:  14102 Church St., Williston, SC 29853

Investigation findings: Investigators with the department’s Wage and Hour Division found a South Carolina home healthcare services provider misclassified workers as independent contractors and, by doing so, paid employees straight-time rates for all hours worked over 40 instead of the time-and-a-half premium for overtime hours as required by the Fair Labor Standards Act.

Back Wages Recovered: $37,340 for 35 workers.

Quote: “Home healthcare workers play vital roles in our communities, caring for the needs of people who depend on their compassion and dedication,” said Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Misclassifying employees as independent contractors denies workers access to critical benefits and protections, including overtime, minimum wage, and family and medical leave. Our investigation exposed the disheartening truth that Circle of Love Home Care denied workers their rightfully earned overtime wages.”

Background: Circle of Love Home Care LLC provides care to individuals with disabilities and older adults. 

The FLSA requires that most employees in the U.S. be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 in a workweek. Learn more about the Wage and Hour Division and workers’ rights, including a search tool to use if you think you may be owed back wages collected by the division. 

Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iPhone Timesheet App available for free in English or Spanish. Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division.