The residential care industry includes group homes, board and care facilities, and other businesses providing residential care for the sick, the aged and individuals with limited self-care abilities. Facilities that have at least two employees are subject to the FLSA.
Since 2009, the division's North Carolina District Office conducted 200 investigations of residential care facilities within its jurisdiction, resulting in approximately $2.1 million in back wages for 1,800 employees who were denied fair compensation for all hours worked. The division also conducted 16 outreach sessions under this initiative in 2012, providing FLSA education and compliance assistance to hundreds of employers, employees and stakeholders throughout North Carolina.
Common violations found include failing to pay for work performed outside an employee's scheduled shift or time spent attending staff meetings and trainings; deducting eight-hour sleep periods from shifts of fewer than 24 hours; paying employees a flat salary without regard to overtime; and making illegal deductions for uniforms and other items that cause workers' wages to fall below the federal hourly minimum wage of $7.25.
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Source: DOL
This information is intended to be educational and should not be considered legal advice on any specific matter.
