The U.S. Department of Labor has filed a lawsuit against a Massachusetts rest
home that the agency alleges was in violation of the overtime provisions of
the Fair Labor Standards Act (FLSA) for a second time.
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Mass. DOL investigators conducted the initial investigation in 1987 and found
that the rest home was paying straight time for overtime hours worked by their
employees. As a result of that investigation, Fairmount paid back wages and
agreed to future compliance with the law.
In the department's reinvestigation of the nursing home, which began in July
of 2002, the department says it found that the rest home had continued to pay
workers straight time for overtime hours worked.
Consequently, the Labor Department filed suit in the U.S. District Court for
the District of Massachusetts in August. The goal of the suit is to obtain a
court order permanently prohibiting Fairmount Rest Home from future violations
of the FLSA, and ordering the payment of back wages and damages to the affected
employees.