In a cautionary tale for small and midsize business owners, the U.S. Department of Labor (DOL) has successfully recovered $314,211 in back wages and liquidated damages for 91 workers in Mississippi. These employees, who provided essential services in the healthcare sector, were denied their rightful overtime pay by their employer, a staffing agency. This case serves as a stark reminder of the consequences of violating employment laws. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

Nursing Care Service Provider Denies Employees Overtime Pay 

The DOL’s Wage and Hour Division conducted an investigation into the business and found that the agency had been paying its employees straight-time rates for hours worked beyond 40 in a workweek, in direct violation of the Fair Labor Standards Act (FLSA). This failure to provide the legally mandated overtime pay resulted in significant financial losses for the affected workers. 

Wage and Hour Division District Director Audrey Hall in Mississippi, emphasized the importance of upholding workers’ rights, stating, “Our investigations often find unscrupulous employers depriving workers — who provide vital services to people in need — of their hard-earned wages. When employers violate workers’ rights, they make it harder for them to provide for themselves and their families. The Department of Labor will hold employers accountable when they mistakenly think they can violate these rights.” 

The agency with several locations in Mississippi provides nursing care staffing services across Mississippi. Their workforce includes registered nurses, licensed practical nurses, and caregivers who play a crucial role in healthcare settings such as hospitals, nursing homes, patients’ homes, hospice agencies, and rehabilitation centers. 

Looking Ahead 

As the aging U.S. population continues to grow, the demand for healthcare services is on the rise. This trend is expected to result in a 13 percent growth in employment in various healthcare occupations from 2021 to 2031, surpassing the average growth rate for all occupations and adding approximately two million jobs to the sector. 

Conclusion 

The case of the staffing agency underscores the importance of compliance with employment laws, particularly in industries that provide essential services. Business owners must prioritize the fair treatment and compensation of their employees to ensure both legal compliance and ethical responsibility. Violating employment laws can lead to severe financial penalties and damage to a business’s reputation. As the demand for healthcare services continues to increase, it is imperative that all employers in this sector, as well as others, adhere to labor regulations to protect both workers and their businesses. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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