LEBANON, Pa. — In a significant labor law enforcement action, the U.S. Department of Labor has won summary judgment in federal court and successfully recovered more than $1 million in back wages and damages for 193 employees of WiCare Home Care Agency LLC. This important legal victory underscores the Department’s commitment to upholding fair labor standards and ensuring workers receive the compensation they are rightfully entitled to.
On July 31, 2024, the United States District Court for the Middle District of Pennsylvania ruled in favor of the Department of Labor. The court ordered Lebanon-based WiCare Home Care Agency and its owner, Luis Hernandez, to pay $529,770 in unpaid wages and liquidated damages in the same amount. The ruling follows a comprehensive investigation by the Department of Labor’s Wage and Hour Division, which uncovered multiple violations of the Fair Labor Standards Act (FLSA). The agency failed to pay employees mandated overtime pay for hours worked in excess of 40 hours per week and paid some employees less than the federal minimum wage of $7.25 per hour.
The Department also found that WiCare did not pay employees for all hours worked and did not keep accurate time records. These findings highlight a disturbing trend in the home care sector, where wage violations are frequently reported. This case underscores the Department of Labor’s determination to root out such violations and hold violating employers accountable.
“Long-term care workers support those who rely on them with services essential to their quality of life and deserve to be adequately compensated for their hard work and dedication,” said Wage and Hour Commissioner Jessica Luhmann. The Department of Labor’s aggressive stance was further reinforced by Labor Counsel Seema Nanda, who stressed that “the Department of Labor will use all available tools, including litigation if necessary, to send a clear message to employers who knowingly deny employees their hard-earned wages in full.”
WiCare Home Care Agency provides essential home care services, including personal care and daily living assistance, in multiple counties across Pennsylvania. At a time of increased labor law enforcement, this ruling serves as an important reminder to the home care industry of the importance of complying with federal regulations. Employers are urged to adhere to fair labor practices to avoid harsh legal and economic consequences.
This case sets a precedent in labor law enforcement and demonstrates the Department of Labor’s unwavering commitment to workers’ rights and strict application of the FLSA. The goal of this case is to deter future non-compliance, ensure that all workers are treated fairly and with respect, and promote a more equitable work environment.
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