Lawsuit: Health Care Aides Claim Wages Were 'Manipulated'

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Two former employees filed a lawsuit against All American Home Care LLC, All American Hospice Care LLC, and an executive officer claiming they were not paid proper overtime in accordance with the Fair Labor Standards Act and Pennsylvania state law. The plaintiffs, who were employed by All American as health care aides, claim they were regularly scheduled to work in excess of 40 hours per week, which should have entitled them to time-and-a-half overtime wages for those hours. Instead, the suit argues, they were either paid at their straight hourly rate of $12.50 for all hours worked, or their hourly wages were “manipulated” so that their “straight time” pay plus their overtime pay would average $12.50.

“For example, during the April 17, 2016 through April 30, 2016 pay period, [plaintiff] worked a total of 112 hours - 80 hours of straight time and 32 hours of overtime - but was paid at the rate of $10.94 for the 80 hours of straight time and at the rate of $16.41 for the 32 hours of overtime, which created a weighted average hourly rate of $12.50,” the complaint says.