Home Care Agency Faces Overtime Wage Lawsuit

A Louisiana home care worker is suing over unpaid overtime wages she and more than 50 employees are allegedly owed.

The class-action lawsuit comes as some home health companies are struggling to comply with the Department of Labor’s (DOL) decision to extend minimum wage and overtime protections to home care workers, although the complaint does not cite this decision specifically.

Veronica Marie Castex filed a lawsuit against Total Homecare Services, LLC and Bedside Homecare, LLC, in an effort to recover unpaid wages.

The class-action lawsuit was filed during the first week of the new year in the U.S. District Court for the Western District of Louisiana, Lafayette Division. Castex filed the lawsuit on behalf of herself and other personnel who allegedly were not paid overtime compensation.

The lawsuit alleges that Castex, who was hired by Total Homecare Services and Bedside Homecare in 2012 as a direct service worker, worked an average of 52 hours per week. She was paid straight time at the rate of $7.25 per hour for the 52 hours of work and was not paid overtime as required by the Fair Standards Labor Act (FSLA), according to the lawsuit. The lawsuit further alleges that at least 50 other employees have not been paid overtime hours they earned.

Bedside Homecare sold its business in early 2015 and changed its name to Total Homecare Services, according to the suit. The lawsuit seeks an unspecified amount in unpaid overtime wages and unrecorded hours worked by Castex and others in similar situations employed by the company.

Total Homecare Services did not respond to media inquiries by Home Health Care News by press time.

Written by Amy Baxter