Wage and Hour Division (WHD)

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WESLACO, Texas -- Amigo Home Health Agency Inc., Weslaco, Texas, has agreed to pay $174,404 in back wages after an investigation by the U.S. Department of Labor’s Wage and Hour Division found 30 licensed vocational nurses had not been properly paid.

The investigation conducted by the Labor Department’s Wage and Hour Division, San Antonio district office, covered the period Feb. 6, 2003 to Feb. 5, 2005. Investigators determined that Amigo Home Health paid licensed vocational nurses a fee for each home visit they made. The Fair Labor Standards Act (FLSA) requires that all hours worked at the home visit be added together and overtime be paid at time and one-half the regular rate of pay for those hours worked beyond 40 in a work week.

“The Department of Labor is committed to enforcing the law and to ensuring that all workers are paid their full wages for all hours worked,” said Cynthia Watson, regional administrator for wage and hour in Dallas.

Amigo Home Health, an agency that provides at-home health care, agreed to future compliance. Back wages are being paid on an installment basis and should be paid in full by March 2006.

The Fair Labor Standards Act (FLSA) requires employees to be paid the minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. Employers must also maintain accurate time and payroll records.

The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers. Average days to resolve a complaint decreased during that time from 108 to 92 days.

For more information about federal overtime laws, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the San Antonio district office at (210) 308-4515. Information is also available on the Internet at www.wagehour.dol.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.