Wage and Hour Division (WHD)

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ARLINGTON, Va -- The U.S. Labor Department has filed suit against four health care companies for alleged overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA). Absolute Nursing Care Inc., Absolute Nursing Care of Virginia, Inc., its successors-Pediatrics Plus, Inc. and Pediatrics Plus of Virginia, Inc., and corporate official Margaret C. Leggieri provide nursing and home care services in Maryland and Northern Virginia.

Filed in the U.S. District Court for the District of Maryland, the suit seeks to recover nearly $100,000 in back wages due to 75 registered and licensed practical nurses for unpaid overtime. The suit also seeks to enjoin the company from violating the Act in the future. Liquidated damages in the amount equal to, and in addition to, the amount of back wages due have also been requested.

"The Department of Labor is committed to strong enforcement of the laws to ensure that workers are paid correctly for all hours worked," said Tammy McCutchen, wage and hour administrator. "It's unacceptable for companies not to know the law or adhere to it."

An investigation by the department's Wage and Hour Division in Baltimore determined that the nurses were paid an hourly rate, but did not receive overtime for working in excess of 40 hours during a workweek. It was also found that the companies failed to maintain adequate records of their employees' wages and hours.

The Fair Labor Standards Act (FLSA) requires that covered employees be paid one-and-one half times their regular rates of pay for all hours worked over 40 in a single workweek, and requires employers to maintain adequate and accurate records of employees' wages, hours and other conditions of employment.

The Wage and Hour Division (WHD) recovered more than $212 million in back wages in fiscal year (FY) 2003 - a 21 percent increase over the record-setting amount in FY 2002. The average number of days to resolve a complaint decreased in FY 2003 from 129 days to 108 days. WHD assessed employers nearly $10 million civil money penalties in FY 2003.

For more information on federal pay requirements or other provisions of the Fair Labor Standards Act, visit the agency's website at www.wagehour.dol.gov, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or the Philadelphia Wage and Hour Division at (215) 597-4950.

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