The federal Fair Labor Standards Act (FLSA) applies to all employees working in the United States and regulates things like minimum wage and overtime. For example, under the federal law, all hourly employees must be paid at least $7.25 per hour. Any time that an employee works more than eight hours in a day or forty hours a week, the employer is required to compensate the employee the proper overtime compensation of one and one-half times her normal hourly rate for all overtime worked.
In addition to the FLSA, every state has their own laws to protect employees working within that state. Large corporations who do business in multiple states need to be sure that they are acting in accordance with all of the relevant labor laws in order to avoid a lawsuit.
Recently, Kindred Healthcare (which is based in Kentucky) and its subsidiaries, Professional Healthcare at Home and NP Plus, have been hit with a class action wage and hour lawsuit brought by two employees of the company working in California. The lead plaintiffs, Emma Hawkins and Ginger Rogers, are both caregivers who provide non-medical care to the elderly, ill, and disabled on behalf of Kindred Healthcare.
Kindred contracts out workers like Hawkins and Rogers to assisted living and rehabilitation facilities. According to the lawsuit, these caregivers are made to work 12-hour shifts, seven days a week, without any of the meal and rest breaks that they are entitled to under California labor law. Continue reading ›