$1M Home Care Workers Overtime Settlement Reached

A home care workers overtime lawsuit has been settled for more than $1 million.

Maestro-Connections Home Health Systems LLC and the company’s manager George Kiongera agreed to the settlement on Nov. 21, 2017.

Massachusetts Attorney General Maura Healey’s office said in a press release that the agreement calls for $1,007,717 in restitution and penalties to be paid by the company.

Maestro allegedly failed to pay time and a half to more than 600 home health aides who worked more than 40 hours per pay period between June 2013 and October 2016. During that same period of time, Maestro was faulted for not keeping accurate payroll records of staff members. State law requires the company keep accurate records including the name of each employee and the number of hours worked every day and each week.

“These workers provide critical health care services to seniors and others and they deserve to be paid properly, not cheated by their employer,” said Healey in a prepared statement regarding the home care workers overtime settlement. “With this settlement, hundreds of home health aides will now be paid the money they are owed.”

The statement released by Healey’s office indicates Maestro’s employees will receive an average of $1,450 each.

Anonymous Tip Received on Home Care Workers Overtime

The Massachusetts Attorney General’s Fair Labor Division received an anonymous call that record-keeping and overtime pay were problems at Maestro. The department’s investigation revealed Maestro was in violation of state law by not keeping proper payroll records and by not paying employees time and a half for any hours more than 40 worked within a given work week.

Federal law also dictates that hourly, non-exempt employees should be paid time and a half for any hours worked if more than 40 per week. By not following these federal guidelines, an employer could be found in violation of the Fair Labor Standards Act (FLSA).

The “workweek” can begin on any day and at any hour of the day. A fixed period of 168 hours, meaning seven consecutive 24-hour periods, does not need to coincide with a calendar week, but averaging the hours worked over two or more weeks to skirt overtime laws is prohibited.

When employees have worked overtime, they should expect to see that extra compensation on their next regular pay day.

The home care workers overtime investigation was done by the Fair Labor Division’s Assistant Attorney General Anita V. Maietta and Investigator Leach Lucier.

Maestro-Connections Home Health Systems LLC is located in Lawrence, Mass. According to its website, the company is “a clinician owned and managed agency” and the “owners of our company are experts in healthcare education, the homecare industry and cutting edge technology solutions.”

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