Daily Labor Report®

Personal Care Aides Win in Overtime, Worker Classification Suit

April 16, 2019, 7:05 PM

The Department of Labor has prevailed in a lawsuit claiming that 44 home care aids were misclassified as independent contractors and not paid overtime wages.

At Home Personal Care Services LLC will have to pay $128,446 to the DOL’s Wage and Hour division, who will then compensate the workers, Judge Leonie Brinkema said April 15. She oversaw a two-day bench trial at the U.S. District Court for the Eastern District of Virginia.

The government’s inquiry into At Home’s pay practices and eventual lawsuit have their roots in the department’s 2013 policy change that removed a statutory carve-out exempting personal care...

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