A federal investigation recovered $270,984 in back wages and liquidated damages for 166 workers of a Princeton skilled nursing care facility. The employer failed to pay proper overtime as required by the Fair Labor Standards Act.

The U.S. Department of Labor’s Wage and Hour Division determined that Princeton Memorial Company – operating as Princeton Health Care Center – failed to pay the proper overtime premium to employees working 12-hour shifts.

The employer was found to have failed to pay the required overtime when employees worked in excess of 8 hours in any workday and in excess of 80 hours in an established 14-day period, a practice permitted for hospitals and residential care facilities, under certain conditions. Princeton Health also failed to include on-call pay and other bonuses in the calculation of overtime pay. The employer paid bonuses for longevity, recruitment, vacation deferral and hero pay related to the pandemic.

To resolve its violations, Princeton Health Care Center paid $270,984 in back wages and liquidated damages to the affected workers including registered nurses, licensed practical nurses and certified nursing assistant as well as dietary, maintenance and housekeeping/laundry workers.

Under the FLSA, hospitals and residential care establishments may use a fixed work period of 14 consecutive days in lieu of the 40-hour workweek for the purpose of computing overtime. To use this exception, an employer must have a prior agreement or understanding with affected employees before the work is performed.

Source: U.S. Department of Labor

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Kehoe Law Firm, P.C.