HARRISBURG, Pa. (WHTM) — The U.S. District Court for the Middle District of Pennsylvania has approved a judgment ordering two Midstate nursing facilities to pay back wages that violated the fair labor standards act (FLSA).
According to the U.S. Department of Labor (DOL), the judgment comes after a complaint was filed by the U.S. Department of Labor alleging overtime and recordkeeping violations at two nursing facilities, located in Harrisburg and Chambersburg. The DOL also noted that 231 nursing workers were denied proper overtime.
During the proceedings, the employers consented to a judgment requiring them to pay $513,368 to the affected employees. The court proceedings and judgment follows an investigation by the department’s Wage and Hour Division that revealed that the operator of Spring Creek Rehab and Nursing Center in Harrisburg and Laurel Lakes Rehab and Wellness center in Chambersburg, engaged in practices that violated the FLSA.
The DOL said that the two nursing facilities paid non-discretionary bonuses to nursing staff but failed to include the incentives in their rate of pay when calculating overtime rates.
The employers paid bonuses for working particular shifts, picking up extra shifts, and providing needed support during the pandemic. The investigation also revealed that the employers failed the maintain proper records of hours.
“Our investigation found common and costly error employers make, the failure to include non-discretionary bonuses in an employee’s regular rate of pay when calculating overtime rates,” explained Wage and Hour District Director Alfonso Gristina in Wilkes-Barre, Pennsylvania. “The Wage and Hour Division encourages employers to use the online tools and assistance we offer to avoid compliance issues, and reminds workers that they can contact us with questions about their wages and rates of pay.”
In addition to approving the consent judgment and ordering payment of $513,368, the court enjoined the employers from future FLSA violations.