Wage and Hour Division (WHD)

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NASHVILLE, Tenn. --

The U.S. Labor Department has recovered $161,234 in overtime back wages for 92 StaffCo employees after the department’s Wage and Hour Division determined the company incorrectly applied the “companion exemption” of the Fair Labor Standards Act (FLSA) to registered and licensed practical nurses.

“These employees provided skilled nursing care to individuals in their homes,” said Carol Merchant, Wage and Hour’s Nashville district director. “The companion exemption is only applicable to employees providing services for the care, fellowship, and protection of persons in their homes who because of advanced age or physical or mental infirmity cannot care for themselves. Such services include household work such as meal preparation, bed making, clothes washing and other similar personal services.”

StaffCo, located in Hermitage, is a staffing agency that provides registered nurses, licensed practical nurses and certified nursing assistants for nursing facilities and individuals who require in-home care.

Employees covered by the FLSA must be paid one-and-one-half times their regular rate of pay for hours worked more than 40 in a single workweek unless otherwise exempt. Employers must also maintain accurate records of employee wages, hours and other conditions of employment.

For more information about the companion exemption, the FLSA, and other laws administered by the Wage and Hour Division, call the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243); visit the Wage and Hour Division Web site at www.wagehour.dol.gov; or contact the Nashville Wage and Hour Division office located at 1321 Murfreesboro Rd., Suite 511; phone: (615) 781-5343.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.