When workers dedicate their lives to caring for others, they deserve fair treatment in return. Sadly, wage theft among nursing home workers is becoming increasingly common. These are the people who provide essential care services to our loved ones: registered nurses, home health aides, support staff, and other workers in nursing home facilities and assisted living facilities. They manage intense workloads, unpredictable shifts, and severe staffing shortages. Yet, many still struggle to receive their full, promised compensation.
Despite federal and state labor laws that are meant to protect them, many healthcare workers, especially in nursing facilities, report unpaid wages, unpaid overtime, and missing meal breaks. The Fair Labor Standards Act (FLSA), a cornerstone of federal labor law, provides basic protections like minimum wage and overtime pay. However, employers in the healthcare industry often sidestep these rules, either by incorrectly treating employees as independent contractors or willfully failing to pay workers what they’re owed.
Let’s break down what wage theft looks like in nursing homes and what protections care workers have under the law. For legal advice catered to your specific case, reaching out to an experienced employment attorney is essential.
Understanding Wage Theft in Nursing Facilities
Wage theft refers to any situation where an employer fails to pay employees fully for the hours they’ve worked. In the healthcare industry, this can take many forms, especially in nursing home facilities.
Nursing home workers often report:
- Unpaid overtime for working more than 40 hours a week.
- Missed meal breaks that were never compensated.
- Failure to pay minimum wage or non-discretionary bonuses.
- Incorrect job classification, such as labeling non-exempt workers as exempt or as independent contractors to avoid paying overtime.
In facilities facing low staffing levels, workers often cover extra hours and take on duties beyond their scope. Still, their paychecks don’t reflect that. Court records and district court filings across the country show patterns where employers either ignore federal law or manipulate time-tracking systems to avoid paying overtime.
Even worse, in some cases, the payroll office may not keep accurate records of the hours employees worked, making it even harder for care workers to recover their unpaid wages.
Legal Protections: What the Fair Labor Standards Act Offers
The Fair Labor Standards Act (FLSA) protects most workers in the U.S., including those in the healthcare field.
Under the FLSA, non-exempt workers are entitled to:
- Minimum wage for all hours worked.
- Overtime pay (time-and-a-half) for hours over 40 in a week.
- Back wages and liquidated damages for violations.
The FLSA also requires employers to keep accurate records of the hours employees work. Yet many facilities still fail to meet this basic requirement. Care workers who began working under promises of fair pay often find that their actual wages don’t reflect their long hours, especially when employers violated labor standards by ignoring shift differentials or non-discretionary bonuses.
Common Violations in Nursing Home Facilities
Within nursing homes and assisted living facilities, employers may engage in subtle or blatant wage theft.
Some of the most common violations include:
- Not paying for time spent preparing before or after shifts.
- Failing to include all hours worked.
- Improper calculation of overtime.
- Misclassifying healthcare workers.
Nursing home workers often stay silent out of fear or retaliation, especially if they’re new to the job, depend on the employer for health insurance, or lack confidence due to their immigration status. But labor law protects them all, no matter how long they’ve been employed or where they’re from.
How Employers Justify Wage Theft and Why It Doesn’t Hold Up
Some employers argue they can’t pay employees properly due to tight budgets or funding constraints. Others say staffing shortages make it impossible to provide meal breaks or rest breaks during busy shifts. But none of these excuses can override federal law.
Employers may also claim that workers voluntarily skipped breaks or agreed to unpaid “on-call” periods. In truth, written statements from employees can often disprove these claims, especially when accurate records are missing or altered.
Many employers also try to save money by outsourcing to staffing agencies, who, in turn, misclassify care workers as independent contractors. This classification removes standard labor protections and shifts the burden to the worker. However, if the facility controls the schedule, sets wages, and directs job duties, then legally, the worker should be treated as an employee, not a contractor.
FAQ
1. What should I do if I suspect wage theft in a nursing facility?
If you suspect wage theft, document your hours, save pay stubs, and talk to trusted co-workers. You can file a complaint with your state department of labor, which can investigate your claim, enforce wage laws, and recover wages and damages on your behalf. Legal support from a labor attorney can also help you take direct action.
2. Can employers legally deny overtime or meal break compensation?
No. Employers must pay overtime wages, typically time-and-a-half for any hours worked beyond 40 in a week. They must also compensate workers for missed or interrupted meal breaks. Labor’s position is clear: budget constraints or staffing shortages do not excuse employers from withholding legally owed wages.
3. How widespread is wage theft in healthcare facilities?
Wage theft is widespread in healthcare, particularly in nursing homes and assisted living facilities. A U.S. Department of Labor initiative found that 80% of investigated residential care and nursing facilities violated federal wage laws, recovering over $28.6 million in back wages and damages for nearly 25,000 workers, many of whom were employed by organizations offering comprehensive healthcare management services.
4. Are staffing agencies responsible for wage violations, too?
If a staffing agency misclassifies workers or fails to pay legally required wages, it can be held liable. When the nursing facility controls the worker’s schedule, sets pay rates, and assigns duties, that worker is likely an employee under the law, regardless of how the agency labels them. Both the agency and the facility may be liable for wages and damages in these cases.
5. Can wage theft be connected to human trafficking?
In serious cases, when employers or agencies use threats, coercion, or control over immigration status to exploit workers, the situation can rise to the level of human trafficking. Healthcare workers recruited under pretenses or forced to remain silent under threat may qualify for additional protections under federal law.
6. What legal protections do nursing home workers have?
Nursing home workers are protected under the Fair Labor Standards Act (FLSA), which guarantees minimum wage, overtime pay, and accurate recordkeeping. State laws may provide even more rights. The state department of labor and federal agencies can help workers recover back pay and impose penalties on employers that break the law.
7. What is the government doing to stop wage theft in nursing homes?
Government agencies have stepped up robust enforcement of wage laws in healthcare. The U.S. Department of Labor and state departments of labor regularly audit nursing homes and assisted living facilities for compliance. When they find violations, they order employers to repay stolen wages and may seek additional damages and penalties.
Understand and Assert Your Rights
Nursing home workers facing wage theft must understand they are not alone. Thousands of healthcare workers across the nation face similar battles, whether they work in nursing home facilities, assisted living facilities, or as home health aides. While the law can seem complex, the core message is clear: workers who provide essential care services deserve every dollar they earn.
The Fair Labor Standards Act, along with state labor laws, exists to protect those who care for our vulnerable loved ones. If your employer fails to pay you fairly, denies you overtime pay, or withholds promised compensation, you may have the right to recover those lost wages and more.
Bourassa Law Group stands with care workers. We understand the complexities of the healthcare industry, and we fight for justice for those who support it. If you’re unsure whether you’re being paid fairly or suspect wage and hour violations, contact us today for a free consultation. We can help you understand your rights, assess your situation, and pursue the compensation you’re owed.
You care for others every day. Let us care for your rights.
1-800-870-8910