Investigators with the US Department of Labor’s Wage and Hour Division found the employer at its Arrington Assisted Living location—which provides housing and nursing care, housekeeping, and meal preparation services for older adults—failed to carry hours over from the beginning of a workweek into the next pay period when compensating employees on a semi-monthly pay schedule. By doing so, the employer did not pay employees the time-and-a-half rate due when the workweek hours split by the pay period totaled more than 40, as required by the Fair Labor Standards Act. Arrington Assisted Living also failed to compute a weighted average for employees paid two different pay rates in the same workweek. By doing so, the employer paid some employees lower overtime rates for hours worked over 40. In addition, the employer failed to keep accurate pay records as required. In a 2022 investigation, the agency found the employer also violated the FLSA by failing to pay overtime premiums on shift differential bonuses and weight averages in overtime weeks at its Windsor Place Nursing Center location.
