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The wage and hour regulations to require pay from job to job. The problem with home health workers is often that they work for a very small agency, and the dollar volume does not bring them within the coverage of the Fair Labor Standards Act. If the employer is covered by the FLSA, there are anti-retaliation provisions within the statute. The problem there is that the remedies are extremely limited: no punitive damages except for possible liquidated damages, which amount only to twice backpay. If an employee is making 10 buck per hour, the backpay will be a small amount anyway.
There are attorney fee provisions in enforcement actions, and there are some attorneys who specialize in undertaking class actions challenging payroll practices. That would presume that the folks working for this agency have any interest in joining in a collective action. I would assume that there are attorneys in the NY area who have that type of practice. The local Wage and Hour Division of the DOL would possibly have some contact information.
And there is always the independent contractor scam. The attorneys who handle FLSA class actions are well-equipped to respond to that fiction.
Regards,
D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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