Total:
[tintuc]
 |
| New York home health agencies to pay $18.5 million to settle violations |
One of the largest home
health groups in New York has agreed to pay millions of dollars to resolve
wage-and-hour violations.
The home health group is
made up of Intergen Health LLC and Amazing Home Care Services LLC, which share
ownership and employees. Both Intergen and Amazing Home Care primarily serve
New York’s Medicaid population, according to a recent announcement from New
York City Mayor Bill de Blasio’s office.
“In New York City, we
fight to protect all workers — including those who work in people’s homes,” de
Blasio said in the announcement. “Home health care workers care for our
families and not only deserve paid safe and sick leave — it’s their right. To
any company in New York City that thinks they can get away with withholding
workers’ rights and violating our laws: We will hold you accountable.”
The announcement — part
of an ongoing home health-enforcement initiative — was made jointly with New
York State Attorney General Letitia James, along with the Department of
Consumer and Worker Protection (DCWP).
“Home health aides
provide vital support to our vulnerable loved ones,” DCWP Commissioner Peter A.
Hatch said. “Sadly, these invaluable workers often face exploitative working
conditions that violate important labor protections.”
A joint investigation
allegedly found that Intergen Health and Amazing Home Care violated paid safe
and sick leave laws in multiple ways, including failing to pay employees when
they used leave or firing employees who used unscheduled leave. The home health
group additionally required employees to submit documentation explaining why
they’re using leave, and failed to provide a formal policy for safe and sick
leave, according to New York officials.
On top of all that, the
announcement claims Intergen Health and Amazing Home Care refused to pay
overtime when employees worked over 40 hours per week, miscalculated overtime
rates and refused to pay workers for time spent traveling between patients.
To settle the
allegations, Intergen Health and Amazing Home Care agreed to pay $18.6 million
in restitution and adopt “extensive compliance measures.” The restitution will
be split up into two phases.
In phase one, the home
health providers will pay about $2 million to compensate 6,500 employees
impacted by violations of paid safe and sick leave laws, along with four
employees who were illegally fired. The providers will also pay $5.2 million to
compensate roughly 12,000 employees for New York Labor Law violations.
In phase two, which is
being resolved in coordination with a private lawsuit, there will be a maximum
payout of about $11.5 million to live-in workers. That amount is subject to
court approval.
“Home health aides are on
the front lines serving the most vulnerable in our communities, yet these
agencies denied them the most basic form of dignity and respect: fair pay for a
hard day’s work,” Attorney General James said in the announcement. “These hardworking
New Yorkers not only deserve the pay that was unfairly denied to them, but also
the assurance that this won’t happen again — and that’s exactly what this
agreement will do.”
The case was DCWP’s
largest investigation into paid safe and sick leave violations to date. This
week’s news adds to the department’s previously announced settlements with home
health agencies — nearly three dozen in total.
“Let this be a warning to
all employers: Exploitative and illegal labor practices will not be tolerated
in New York,” James continued.
New York’s aggressive
oversight of home health labor abuses began ramping up in July 2017. By
September 2018, officials shared findings from an investigation into 42 home
health agencies that, together, employed more than 50,000 workers.
“This is similar to what
we’re seeing from the United States Department of Labor, where they have
identified the home care industry as a high-risk industry with respect to its
employees and their treatment,” home care legal expert Angelo Spinola told Home
Health Care News at the time. “It appears that [DCWP] is intentionally
identifying and targeting home care companies with the idea of sending a
message to the industry that it must take [labor] laws seriously.”
HHCN was unable to reach
Intergen Health and Amazing Home Care Services.
Source:
https://homehealthcarenews.com
[/tintuc]
