The Pennsylvania Department of Labor & Industry (L&I) recently announced the launch of Standing Up for Home Care Workers, a strategic enforcement initiative aimed at protecting home care workers’ wages and ensuring compliance with Pennsylvania wage and hour laws. According to L&I, home care workers account for approximately 40% of the wage complaints received by the Commonwealth, making the industry a significant focus of enforcement efforts.
Historically, employee complaints have been the primary source of wage and hour investigations. Under this initiative, however, L&I investigators will proactively initiate investigations of selected home care agencies rather than waiting for workers to file complaints. According to L&I, the Bureau of Labor Law Compliance (BLLC) began sending notices to home care agencies on September 2 to initiate investigations into potential wage-related violations. L&I has stated that the effort is intended to identify and remedy failures to compensate employees for all hours worked, including compliance with minimum wage and overtime requirements.
One issue that often creates confusion in the industry is the application of minimum wage and overtime laws to home care workers. While certain exemptions have historically applied to some domestic service workers employed directly by individuals or households, employees of third-party home care agencies generally are not exempt from minimum wage and overtime requirements. As a result, home care agencies should ensure they are accurately tracking all hours worked and paying overtime premiums when employees work more than 40 hours in a workweek.
Takeaway for Employers
Although the initiative targets the home care industry, it serves as an important reminder for all employers in the senior living and healthcare sectors to review their wage and hour practices. Employers should confirm that employees are recording all compensable time, that overtime is properly calculated and paid, and that supervisors understand and consistently enforce policies prohibiting off-the-clock work. Employers should also be mindful that wage and hour investigations can result in liability for unpaid wages, penalties, and other remedial measures where violations are identified.
In light of this increased scrutiny, home care agencies (whether operating independently or as part of a senior living community) and other providers should consider reviewing the following areas:
- Timekeeping systems and employee time records.
- Overtime calculation and payment practices.
- Procedures for compensating employees for travel time, training time, and other compensable work activities.
- Policies addressing off-the-clock work.
- Manager and supervisor training regarding wage and hour compliance.
- Processes for investigating and correcting payroll issues when they arise.
The launch of this initiative signals that Pennsylvania regulators are taking a more proactive approach to wage and hour enforcement in the home care industry. Home care agencies should take this opportunity to evaluate their pay practices, identify potential areas of risk, and address compliance concerns before they become the focus of a government investigation.
Barley Snyder’s Employment and Senior Living attorneys regularly advise home care agencies, long-term care providers, and other healthcare organizations on wage and hour compliance, workforce management issues, regulatory requirements, and government investigations. Our multidisciplinary team works closely with providers to identify and address compliance risks while supporting their operational objectives.
If you have questions regarding wage and hour compliance, overtime obligations, timekeeping practices, or preparing for a wage and hour audit or investigation, please contact Jennifer Craighead Carey, Christopher Churchill, or any attorney in Barley Snyder’s Employment or Senior Living groups.
