BOWLING GREEN, KY – A U.S. Department of Labor investigation that began with a single Home Instead Senior Care franchise in Bowling Green, Kentucky, has expanded to reveal widespread wage violations across seven locations in three states. The investigation, conducted by the Wage and Hour Division, uncovered systemic failures to comply with federal labor laws by franchise owner Brad Cannon, resulting in significant back wages owed to caregivers.
The Department of Labor (DOL) announced the recovery of $201,356 in back wages for 320 workers employed at Home Instead Senior Care franchises operated by Cannon. These findings followed investigations into seven Home Instead franchises across Alabama, Kentucky, and Tennessee, revealing violations of the Fair Labor Standards Act (FLSA).
The initial investigation targeted Trusted Senior Care LLC, operating Home Instead Senior Care in Bowling Green. It quickly became apparent that the issues extended beyond this single location, prompting the DOL to broaden its review to include all seven franchises under Brad Cannon’s ownership.
| Operator | Facility name | City | State |
|---|---|---|---|
| Caring Home Care LLC | Home Instead Senior Care #780 | Rainbow City | Alabama |
| Dependable Senior Care LLC | Home Instead Senior Care #629 | Frankfort | Kentucky |
| Loving Senior Care LLC | Home Instead Senior Care #668 | Clarksville | Tennessee |
| Engaging Senior Care LLC | Home Instead Senior Care #772 | Franklin | Tennessee |
| Quality Senior Care LLC | Home Instead Senior Care #827 | Goodlettsville | Tennessee |
| Reliable Senior Care LLC | Home Instead Senior Care #237 | Nashville | Tennessee |
Investigators discovered a pattern of FLSA violations at each of the seven Home Instead Senior Care locations. These violations included:
- Overtime Evasion: Failure to combine hours for employees working multiple roles within the same week, thus avoiding overtime pay for hours exceeding 40 per week.
- Unpaid On-Call Time: Not compensating employees for time spent on-call, restricting their freedom and availability.
- Unpaid Work Time: Neglecting to pay for all travel time and work conducted before and after scheduled shifts, effectively stealing work hours from employees.
- Incorrect Overtime Calculation: Excluding certain bonuses from the regular rate of pay when calculating overtime, leading to underpayment of overtime wages.
- Recordkeeping Failures: Inadequate record-keeping of employee hours worked, hindering proper wage calculations and audits.
Furthermore, the investigation revealed that the Home Instead Senior Care Bowling Green location specifically failed to compensate some non-exempt employees for all hours worked.
Richard Blaylock, Acting District Director of the Wage and Hour Division in Louisville, Kentucky, emphasized the DOL’s commitment to protecting essential workers. “The recovery of wages earned by hundreds of hard-working caregivers at these Home Instead facilities demonstrates our unwavering dedication to essential workers,” Blaylock stated. “When employers withhold rightfully earned wages, they not only harm workers and their families but also gain an unfair competitive advantage over law-abiding businesses.”
Home Instead Senior Care franchises, like Trusted Senior Care, are independently owned and operated and specialize in providing non-medical companionship and home care services for seniors. These services include assistance with daily tasks, transportation, and support for preventative and post-surgical care, aiming to help seniors maintain independence in their homes.
The Wage and Hour Division offers various resources to assist employers in understanding their legal responsibilities. These resources, including industry-specific tools, are available on the DOL website.
For those seeking information about the FLSA or other labor laws, the Wage and Hour Division provides a toll-free helpline at 866-4US-WAGE (487-9243). Workers can confidentially contact the division with questions, regardless of immigration status, and receive assistance in over 200 languages. Additionally, the DOL website offers further information about the Wage and Hour Division and a search tool for individuals who believe they may be owed back wages collected by the division.
