Home Health Care Company Cited For $400K For Wage Theft Violations

Worchester, MA (WorkersCompensation.com)- Once again, Prestige Health Care Services Inc. has been cited for allegedly committing wage theft.  The health care agency has been hit with a $400,000 fine and is required to pay restitution, according to the Massachusetts’ Attorney General’s office.  Court documents state that Prestige Health Care Services and the company's president, Isdhory Lyamuya did not pay their workers overtime when they were supposed to and was given two citations for failing to pay overtime wages to 128 of its employees.

After the company received complaints from ex-employees that they were not being paid for overtime when it was warranted, the office of the Attorney General launched an investigation.  Complaints were also submitted by a union, 1199SEIU United Healthcare Workers East. Authorities said it was discovered that Lyamuya consistently failed to keep payroll and timekeeping records accurately and underpaid workers by not paying them time-and-a-half of their regular rate for all hours they worked over 40 within one week. 

In a new release, Attorney General Maura Healey noted, "Wage theft in the home health care industry is a growing problem across the country. Home health aides provide essential services to seniors and those living with disabilities, and employers have a duty to track and properly compensate them for the hours they spend on the job."

Last year, Prestige was cited three other times for failing to give records to the attorney general's office, and not making timely payments of wages and overtime violations. The total amount for penalties and restitution totaled $21,060.  The Attorney General's office has said that in the home health industry, they have found several wage and hour violations.

Recently, Ace Medical Services of Worcester was cited for $272,000 after an investigation into the company following complaints from an employee.  The worker alleged that workers were not paid for all hours worked, mainly for the time that home health aides spent traveling between their scheduled patients' daily visits. Workers, it was alleged, were basically only paid for time actually spent with their patients.

It is not yet clear whether Prestige Health Care Services Inc. will contest the violations. 

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