US Department of Labor recovers $73K in back wages for 76 employees denied overtime by North Dakota home care provider

Employers:    Lasting Love Homecare LLC

                             1906 E. Broadway Ave.

                              Bismarck, ND

Action:           Wage and Hour Division investigation 

Action:  The Department of Labor has recovered $73,680 in overtime wages for 76 employees of Lasting Love Homecare LLC after an investigation by the department’s Wage and Hour Division found the Bismarck employer incorrectly claimed an exemption in North Dakota state administrative code and violated federal overtime regulations for overtime. The home care provider also incurred recordkeeping violations. 

Investigators found Lasting Love Homecare paid straight time for overtime hours worked to 76 non-exempt employees. The employer wrongly understood state law related to overtime exemptions for domestic service workers and failed to recognize that, as third-party employers, they are ineligible to claim the exemption. The division determined the affected workers were owed time and one-half their hourly rate-of-pay for hours over 40 in a workweek. 

Quote: “Home care workers play a vital role in assisting older adults and individuals with disabilities to maintain their independence and engage with their communities. In return, their employers must pay these workers all of their hard-earned wages, including overtime when required.” said Wage and Hour District Director David Skinner in Denver. “We encourage employers to review their pay practices and to contact the Wage and Division to avoid compliance issues and their sometimes-costly consequences.”

Background: In fiscal year 2023, the Wage and Hour Division recovered more than $31.8 million in back wages for workers in the healthcare industry nationwide.

The Wage and Hour Division offers resources for healthcare workers on its website.

Learn more about the Wage and Hour Division, a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Download the agency’s new Timesheet App for iOS and Android devices – also available in Spanish –to ensure hours and pay are accurate.