BISMARCK, North Dakota—The U.S. Department of Labor has recovered $73,680 in overtime wages for 76 employees of Lasting Love Homecare, LLC. An investigation by the department’s wage and hour division found the Bismarck employer incorrectly claimed an exemption in North Dakota state administrative code, violated federal overtime regulations and incurred recordkeeping violations.
Investigators found Lasting Love Homecare paid 76 non-exempt employees straight-time for working overtime hours. The employer wrongly understood state law related to overtime exemptions for domestic service workers and failed to recognize that, as third-party employers, they are ineligible to claim the exemption. The division determined the affected workers were owed time and a half their hourly pay rate for working more than 40 hours in a workweek.
“Homecare workers play a vital role in assisting older adults and individuals with disabilities to maintain their independence and engage with their communities,” said David Skinner, wage and hour district director. “In return, their employers must pay these workers all their hard-earned wages, including overtime when required. We encourage employers to review their pay practices and to contact the wage and [hour] division to avoid compliance issues and their sometimes-costly consequences.”
