Did a Florida ALF short worker pay, then illegally fire one who requested medical leave?
Management at a Lake City assisted living facility admits a U.S. Department of Labor investigation found overtime pay violations, but denies it violated the Family Medical Leave Act.
Labor found that WillowBrook Assisted Living owed two workers a total of $7,036 in back OT wages.
“The Department of Labor conducted a two year audit of our payroll beginning January 2019 under previous administration,” WillowBrook Executive Director Johnathan Coghlan said in an email to the Miami Herald. “The Department found a discrepancy with two salaried employees. The wages were happily and timely paid.
“Separation of any kind from the company is solely based on performance, and we would never deny a properly exercised FMLA request.”
That last line is a reference to Labor’s claim that WillowBrook “illegally terminated one of the workers after [WillowBrook] failed to grant them protected leave for a medical condition covered by the Family Medical Leave Act.”
Labor said WillowBrook paid another $1,894 in back wages to that worker.
WillowBrook is owned by ETS Willowbrook at Marion, which state records say has been run by Eamon Burgess and Jon Burgess since 2015.
“Our investigation found WillowBrook Assisted Living improperly applied overtime regulations — an all-too-common violation in the healthcare industry — and denied full wages to those essential workers who provide services to those in need,” Wage and Hour Division District Director Wildalí De Jesús said.
The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).
No matter the immigration or citizenship status of workers, they can speak with the department, which says it can handle calls in more than 200 languages.
This story was originally published June 21, 2022 at 9:24 AM with the headline "Did a Florida ALF short worker pay, then illegally fire one who requested medical leave?."
