The U.S. Department of Labor has sued an Orlando-based home health care agency for allegedly misclassifying certain employees as “independent contractors” and paying them a flat hourly rate, regardless of the number of hours they worked, according to a suit filed in the Middle District of Florida.
Since at least March 13, 2012, Caring First, Inc., along with its owner and president Ivanah V. Thomas, and vice president Timothy Thompson, have misclassified employees, including their licensed practical nurses and registered nurses, as independent contractors — many of whom regularly worked more than 40 hours a week, the court document states.
The defendants also allegedly failed to make, keep and preserve adequate and accurate records of the employees and of the wages, hours and other conditions and practices of employment maintained by them.
In the suit, Secretary of Labor Thomas E. Perez is seeking back wages for a period of three years prior to Tuesday’s court filing, plus any time that passes pursuant to agreement by the parties, and an additional equal amount as liquidated damages to the employees.
Written by Emily Study