News Release

U.S. Department of Labor Recovers $86,486 for Employees at Mission Viejo Residential Care Facilities After Investigation

SAN DIEGO, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), the owners of Adriana Elderly Care Homes Inc. will pay $86,486 to 19 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA). The company – based in Mission Viejo, California – operates four facilities for elderly patients and others with mental disabilities.

WHD investigators found that Adriana Elderly Care Homes Inc. failed to pay caregivers overtime when they worked more than 40 hours in a work week at its residential care facilities. Instead, the employer paid employees flat rates per day, without regard to the number of hours that they worked. This practice resulted in the overtime violations when employees worked beyond 40 hours per week yet were paid only their day rates, without overtime. This practice also led to the company's failure to record the number of hours actually worked by employees, resulting in recordkeeping violations. The companys owners will pay the caregivers $43,243 in overtime back wages and an equal amount in liquidated damages.

"The U.S. Department of Labor encourages all employers to review their pay practices and to take advantage of the many resources we offer to assist them," said Wage and Hour Division Assistant District Director Justin Emerick, in San Diego. "Employers must pay their employees for all of the hours that they work. The resolution of this case demonstrates our commitment to ensuring that workers receive the wages they have legally earned, and that employers compete on a level playing field."

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

Agency
Wage and Hour Division
Date
June 13, 2018
Release Number
18-0948-SAN
Contact: Leo Kay
Phone Number
Contact: Jose Carnevali
Phone Number