McAllen home health care provider sued by former employees for unpaid overtime

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(MGN online)

Former employees sued a McAllen home health care provider earlier this week, alleging the company and its owners failed to pay overtime hours for two years.

In the lawsuit obtained by CBS 4 News, employees say IPH Primary Home Care, Inc., and its owners, Irene and Pablo Huerta, violated the Fair Labor Standards Act (FLSA) by failing to pay lawfully required overtime hours to their employees between 2015 and late 2017.

The lawsuit, filed by former employee Carmen Garza on behalf of herself “and those similarly situated”, alleges that the home health workers didn’t receive additional pay for “cleaning clients’ homes, laundering clothes, bathing, dressing and other personal care for Defendants’ clients.”

The worker’s hourly rates ranged between $8.50 and $9.35 per hour, according to the lawsuit. 

Garza’s attorney, Lakshmi Ramakrishnan of the Texas Rio Grande Legal Aid (TRLA), stated in a news release:

“Despite an extensive campaign by the DOL to inform home care provider agencies regarding their overtime pay obligations, many of the businesses did not begin to pay overtime to employees for several months or even years after the rule was implemented.”

According to court records, an initial conference has been set for July 5. 

TRLA asks any workers with questions about their rights or the lawsuit to call 956-982-5546.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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