Lawsuit Claims Arc of Fayette County Broke State, Federal Labor Laws

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Two plaintiffs allege in a proposed class and collective action lawsuit that care services company Arc of Fayette County failed to pay proper wages. According to the complaint, the two plaintiffs worked as family support staff for the defendant providing in-home care to elderly and disabled individuals until the end of March 2017.

Arc of Fayette allegedly violated both the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act (PMWA) by improperly classifying one plaintiff as “Family Support Person – Contracted” in order to avoid paying mandatory wages. The complaint alleges the other named plaintiff was not paid for all hours worked, specifically for time spent providing “respite” and “companionship” services for which she sometimes worked 24-hour days.

“In 28 weeks in each year from on or about 2006 to on or about June 30, 2016, [one named plaintiff] worked a total of 59 hours a week and was paid no overtime compensation for hours worked over 40 in those workweeks,” the lawsuit argues.