US Department of Labor obtains judgment requiring Pennsylvania in-home care agency to pay $1M to 193 employees denied minimum wage, overtime

LEBANON, PA - The U.S. Department of Labor has obtained a summary judgment in federal court in its effort to recover more than $1 million in back wages and liquidated damages for 193 employees of a Pennsylvania home care agency and its owner, which failed to pay workers required minimum and overtime wages.

In response to the department's motion for summary judgment, the U.S. District Court for the Middle District of Pennsylvania entered a July 31, 2024, judgment requiring WiCare Home Care Agency LLC in Lebanon and owner Luis Hernandez to pay $529,770 in back wages plus an equal amount in liquidated damages.

"Care industry workers provide support to people who depend on them for essential, quality-of-life services and they deserve to be paid fully for their hard work and dedication," explained Wage and Hour Administrator Jessica Looman. "Wage violations are all-too-common in the healthcare industry and we are determined to root out offenders and hold them accountable for the financial harm they cause their employees."

The action follows an investigation by the department's Wage and Hour Division that found WiCare did not pay the required overtime rate for hours over 40 in a workweek. The division also determined the home health care agency did not pay some employees for all hours worked, and paid some employees less than $7.25 per hour, the current federal minimum wage. Investigators also learned WiCare failed to maintain accurate time records, as required by the Fair Labor Standards Act.

"The Department of Labor will use all of its resources, including litigation if needed, to send a clear message to employers that willfully deny employees all of their hard-earned wages," said Solicitor of Labor Seema Nanda. "Defying federal regulations that protect workers' rights is a serious mistake with costly consequences."

Based in Lebanon, WiCare Home Care Agency LLC provides in-home care services, such as companionship, personal care, homemaking and daily living support to residents in Adams, Berks, Carbon, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Lehigh, Northampton, Perry, Schuykill and York counties.

Learn more about protections for care workers and the responsibility of employers to comply with federal minimum wage and overtime laws.

For more information about the FLSA and other laws the Wage and Hour Division enforces, contact its toll-free helpline at 866-4US-WAGE (487-9243). Learn more about the division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division confidentially with questions or concerns - regardless of where they are from - and the division can speak with callers in more than 200 languages. Help ensure hours worked and pay are accurate by downloading the department's Android and iOS Timesheet App for free in English or Spanish.