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County Comptroller News Releases

Posted on: May 8, 2017

[ARCHIVED] Maragos: Personal Care Service Agency Underpaid Live-in-Aides over $31,000

Mineola, NY- Nassau County Comptroller George Maragos released a Living Wage Law compliance audit of Able Health Care Services, Inc. (“Able”), which found that Able underpaid four live-in aides for 2,094 hours totaling $31,604, and failed to comply with New York State Regulations. As a result of the audit, Able reimbursed its four aides for the unpaid hours, and provided evidence of most of the payments to the Comptroller’s Office. These employees were paid at the proper rate for only 10 hours per day, instead of for the 13 hours they were scheduled to work during each 24-hour shift. In addition, Able owed eight employees a total of approximately $435 for accrued leave time which they had earned. Able Health Care Services, Inc. (“Able”), provides Personal Care Services to Department of Social Services Medicaid clients under a contractual agreement with the County. The audit covered the period of January 1, 2014 to December 31, 2015.

“It is gratifying that we were able to recover significant sums for underpaid employees,” said Comptroller Maragos. “We will not condone any employee being underpaid.”

The auditors recommended that Able implement changes to ensure that the exceptions found do not reoccur, namely that Able:
  • update its policy to ensure live-in aides are paid for 13 hours per 24-hour shift; and
  • maintain appropriate records of compensated time accrued to ensure that part-time employees who work twenty or more hours per week accrue leave in increments equal to the rate of accrual for full-time employees
Able responded that they have programmed their computer system to ensure aides on Nassau County cases are paid 13 hours for live-in cases and to accurately track accrued paid time off.

The Nassau County Living Wage Law was enacted by the Nassau County Legislature in 2006 to raise the minimum wage of employees working for most of the County’s contractors and for County employees. The Comptroller’s Office is responsible for monitoring compliance with the Law. The Living Wage is currently $13.73 per hour for employees receiving health benefits, or $15.78 per hour for employees without health benefits.

For a copy of the report please connect with Nassau County Comptroller Maragos online:
http://www.nassaucountyny.gov/agencies/Comptroller/index.html

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