Wage Violations by Home Care Providers
In New York there are some agencies that have complained against home care providers for engaging in labor law violations. These providers, who employ aides to care for the disabled and elderly people in their homes, can sometimes violate the law by not providing fair wages and benefits as stipulated by the state and federal laws.
The New York State Office of the Medicaid Inspector General as well as the State Department of Labor has ordered audits of several home care providers since last year to check whether they are in compliance with the Home Care Wage Parity Law.
A 2012 statute requires a minimum amount of supplementary compensation in the form of benefits to be paid on top of base pay to home care workers by their employers.
There are many wage parity violations suspected within this industry in New York, and according to the Labor Department, law enforcement actions will be taken against the violators.
As per legal experts, it is easier for an employer to pay fewer benefits as part of the supplementary compensation rather than avoid paying the minimum wage. Many employers believe they can get away without paying the full benefits in accordance with the required supplementary compensation.
If you think that your home care provider employer may have been paying you lesser benefits or wages than what you deserve, you should contact an experienced New York and New Jersey employment attorney such as Emre Polat who will help you pursue your rightful legal claim for compensation.You deserve full payment for the work you do
The minimum wage has to be paid for all hours worked as per the law in New York State. You are also entitled to overtime payment for every hour worked in excess of 40 hours in a week except when there is an exemption. Fair Labor Standards Act (FLSA) is the authority to establish wage and hour laws which is a federal law that sets minimum standards for employers across the United States.
However, wage and hour laws can also be enacted by the states in order to protect worker rights. In New York the minimum wage per hour as of now is higher than the federal minimum wage. Wage and hour laws of New York also deal with special provisions that govern pay for tipped employees, wage statements and pay for employees in hospitality industry (restaurants or hotels).There is a possibility that you have a wage and hour claim
In spite of the rules and regulations put in place by the legislature, there are many employers who find ways to violate the laws. There are a number of tactics that some home care provider employers have developed in order to pay less to their employees.
Here are some specific situations where an experienced wage and hour attorney can defend your rights against common wage and hour violations.
Overtime payments not made
In New York, home care provider employers have to legally pay you an overtime rate that is 1.5 times your regular rate of pay for every hour worked in excess of 40 hours per week. However, here are some common ways by which employers try to avoid paying overtime:
- By refusal to include all valid work time at the time of calculating overtime pay. These hours can include the travel time, pre-shift hours and post shift time.
- By paying you a fixed rate which is weekly or daily irrespective of the number of hours you work.
- By paying a fixed rate per hour for all hours worked including overtime hours.
Not paying minimum wages
All employees in New York have to be paid minimum wage per hour, which is decided in accordance with state laws. However, employers in a bid to pay lesser wages, make employees work longer hours in a week at a fixed weekly rate.
This actually brings down the overall weekly pay of the worker. For example if you are hired at $500 a week and then made to work for 12 hours every day for 5 days a week then your weekly pay is actually less than the current minimum wages in New York.
Forced to work off the clock
You should rightfully get paid for all the hours you are made to work, even when your employer does not formally authorize the additional time. Examples of this include pre-shift and post shift arrangements in home care provider services, completing tasks which a manager thinks should have been done during the shift, training period, and even the time spent checking official mail during the worker’s personal time.
Minimum wages in New York State
The New York City’s Office of the Comptroller and New York State Department of Labor set the wage threshold which is also referred to as minimum wage. Home care providers are bound by the minimum wage laws, and any violation of this law should be unacceptable to the workers.Enlist the support of a good lawyer
Attorneys at Emre Polat Law Group can aggressively fight for your rights and get you the wages you deserve from your home care provider employer. Book an appointment by calling on (212) 480-4500 or filling out this online form.