LEBANON, PA — In a critical enforcement of labor laws, the U.S. Department of Labor has successfully secured a summary judgment in federal court to recover over $1 million in back wages and liquidated damages for 193 employees of WiCare Home Care Agency LLC. This significant legal victory underscores the department’s commitment to uphold fair labor standards and ensure that workers receive the compensation they rightfully deserve.
The U.S. District Court for the Middle District of Pennsylvania ruled on July 31, 2024, in favor of the Department of Labor. The court ordered WiCare Home Care Agency, based in Lebanon, and its owner, Luis Hernandez, to dispense $529,770 in back wages, accompanied by an identical sum in liquidated damages. This ruling follows a comprehensive investigation by the department’s Wage and Hour Division, which revealed multiple violations of the Fair Labor Standards Act (FLSA). The agency failed to remunerate employees the mandatory overtime wage for hours exceeding 40 per week and paid some of its workers below the federal minimum wage of $7.25 per hour.
The division also uncovered that WiCare neglected to compensate employees for all hours worked and failed to maintain precise timekeeping records. These findings highlight a troubling trend within the home care sector, where wage infractions have been reported frequently. This case emphasizes the Department of Labor’s resolve to eradicate such violations and hold offending employers accountable.
“Care industry workers provide support to people who depend on them for essential, quality-of-life services and they deserve to be paid fully for their hard work and dedication,” stated Wage and Hour Administrator Jessica Looman. The department’s proactive stance is further reinforced by Solicitor of Labor Seema Nanda, who emphasized, “The Department of Labor will use all of its resources, including litigation if needed, to send a clear message to employers that willfully deny employees all of their hard-earned wages.”
WiCare Home Care Agency offers vital in-home care services across multiple counties within Pennsylvania, including personal care and daily living support. As the enforcement of labor laws intensifies, this judgment serves as a pivotal reminder to the home care industry about the importance of compliance with federal regulations. Employers are urged to adhere to fair labor practices to avoid severe legal and financial repercussions.
This case sets a precedent in labor law enforcement, illustrating the department’s unwavering dedication to worker rights and the rigorous application of the FLSA. It aims to deter future non-compliance and ensure that all workers are treated with fairness and respect, thus fostering a more equitable labor environment.
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