HARRISBURG, Pa. (WHTM) — The U.S. District Court for the Intermediate District of Pennsylvania has approved a judgment ordering two Midstate nursing facilities to reimburse wages that violated the Fair Labor Standards Act (FLSA).
According to the US Department of Labor (DOL), the ruling comes after a lawsuit was filed by the US Department of Labor alleging overtime and record-keeping violations at two nursing facilities, located in Harrisburg and Chambersburg. . The DOL also noted that 231 nursing workers were denied appropriate overtime.
During the proceedings, the employers consented to a judgment requiring them to pay $513,368 to the affected employees. The legal proceeding and judgment follow an investigation by the department’s Wage and Hour Division which found that the operator of the Spring Creek Rehabilitation and Nursing Center in Harrisburg and the Rehabilitation and Wellness Center being Laurel Lakes in Chambersburg had engaged in practices contrary to the RSA.
The DOL said the two nursing facilities paid nondiscretionary bonuses to nursing staff, but did not include the incentives in their pay rate when calculating overtime rates.
Employers paid premiums to work particular shifts, take extra shifts and provide needed support during the pandemic. The investigation also revealed that employers had failed to keep proper time records.
“Our investigation uncovered a common and costly mistake made by employers, namely, the failure to include non-discretionary bonuses in an employee’s normal rate of pay when calculating overtime rates,” explained Wage and Hour District Manager Alfonso Gristina in Wilkes-Barre, Pennsylvania. “The Wage and Hour Division encourages employers to use the tools and online support we offer to avoid compliance issues, and reminds workers that they can contact us with questions about their wages and rates. remuneration.”
In addition to approving the consent judgment and ordering the payment of $513,368, the court barred the employers from future FLSA violations.