The U.S. Department of Labor repoorts that it has obtained a consent judgment in federal court that requires a Philadelphia home healthcare agency and its owner to pay approximately $1.6 million in back wages and liquidated damages to 288 workers deliberately denied overtime pay.
The consent judgment follows a complaint filed by the department’s Office of the Solicitor on Feb. 21, 2023, against Aging with Care Inc. and owner Amber Haq. An investigation by the department’s Wage and Hour Division found the employers failed to pay home health aides overtime when required and diid not pay aides for time spent traveling between clients’ homes in the same workday. They also maintained inaccurate records of hours worked and failed to keep payroll records for part of the period of investigation.
In addition to recovering $823,265 in back wages and an equal amount in liquidated damages, the judgment — entered in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia — requires Aging with Care Inc. and Haq to pay a $56,218 civil money penalty for violations of the Fair Labor Standards Act. The court also enjoined the employers from violating the FLSA in the future.
Home care professionals who work for third party agencies are entitled to overtime under the Fair Labor Standards Act, according to Samantha Thomas, a solicitor in the labor department’s Philadelphia office.
With two locations in the Philadelphia area, Aging with Care Inc. provides home healthcare services, including respite care, private duty nursing and support for people with disabilities.
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