An investigation by the US Department of Labor’s Wage and Hour Division found a home care company in Union City again denied workers their full pay intentionally by depriving them of the overtime pay they earned, a Fair Labor Standards Act violation. In 2016, the department found San Jose Care Homes for the Elderly used a similar scheme after a federal investigation and litigation required the employer to pay $425,000 in wages and damages to 26 employees. More recently, investigators determined that the employer, which operates two Union City locations, knew the legal overtime pay requirements chose again to violate the law and pay workers the overtime hours worked at straight-time rates. The employer paid the first 80 hours per pay period at the correct rate and on payroll, and paid overtime hours worked at regular rates with a personal check or in cash. Back wages recovered include $23,579 in unpaid overtime wages for 10 employees, $23,579 in damages for 10 employees, and $8,310 in civil money penalties.
