Home Health Company Sued by Department of Labor over Misclassification

On Friday a case was filed in the Eastern District of Pennsylvania by United States Secretary of Labor Martin Walsh against Lady of Fatima Health Services, Inc. and Fatmata Turray. The case is regarding violations of the Fair Labor Standards Act (FLSA).

Lady of Fatima Health Services provides in home health services and nursing. The complaint accuses the defendant of misclassifying workers as independent contractors and failing to pay them overtime rates for work over 40 hours.

The complaint also alleges that when workers worked for more than one client, the defendants did not combine those hours to confirm that they had worked over 40 hours and instead treated each set of hours independently. The complaint also alleges that after a prior Work and Hour investigation by the Department of Labor, that the defendant was specifically informed that both of the above practices violated FLSA and that overtime pay was required, but the defendant specifically told new employees that overtime would not be paid and continues the same improper practices.

The Department of Labor seeks injunctive relief, judgment for the back wages and liquidated damages, and interest on the owed amounts.