EL CENTRO -- An El Centro-based in-home nursing care service provider was recently ordered to pays 36 workers a total of about $144,000 for overtime violations.

The investigation of N Your Home Healthcare by the U.S. Department of Labor also revealed the company had violated recordkeeping provisions of the Fair Labor Standards Act (FLSA) as well, a Department of Labor (DOL) press release stated.

The investigation spanned from September 2016 to September 2018 and resulted in payouts ranging between $210 to about $20,000 to employees, a DOL spokesperson said.

The DOL Wage and Hour Division (WHD) investigators found that the employer failed to pay employees overtime when they worked more than 40 hours in a workweek, instead paying flat day-rates for all the hours they worked ranging from $100 to $115 per 24-hour shift.

In addition, N Your Home failed to keep accurate records of the number of hours employees worked, and failed to maintain other required payroll records, DOL reported.

“Employers that violate basic federal labor laws hurt employees and gain an unfair advantage over employers who play by the rules,” said WHD San Diego District Director Rodolfo Cortez, in a written statement. “We will continue to provide tools to help employers understand their obligations, and offer assistance to any employers with questions about how to comply with the law. Violations like those in this case can be avoided.”

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243).

Information is also available at www.dol.gov/whd including a search tool for workers who may be owed back wages collected by WHD.

Linda Gardner, owner of N Your Home Healthcare, said the payouts have been made and the agency continues to provide its services to the community.

The discrepancy in the employees' overtime payments was owed to confusion about how the state and federal governments calculate overtime compensation, Gardner said.

"The (payments) made us realize that we need to do things a different way," she said. 


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