$176K In Back Wages Recovered From Borden Homes

UNION CITY, CA – A federal investigation has recovered $176,193 in back wages for nine health care workers after the owner of four Bay Area residential care homes denied them overtime pay, according to the US Dept. of Labor.

The investigation determined AS&P Corp. LLC, doing business as Bordon Homes, illegally placed a cap on overtime at 16 hours per pay period and paid any overtime beyond 16 hours at straight time rates, a violation of the Fair Labor Standards Act.

The employer also failed to properly maintain employee records, leading to recordkeeping and additional overtime violations.

The investigation led to the recovery of $176,193 in back wages.

The employer was also assessed $6,534 in civil money penalties for the willful nature of the violations.

Bordon Homes operates care homes in Union City and Fremont.

This is the second time Bordon Homes has been found in violation of the FLSA: the company paid $70,373 in back wages and liquidated damages to nine employees in 2016 following a federal investigation that found multiple FLSA violations.

“The health care industry is among the fastest growing sectors of our economy and care workers continue to face adversity. The Department of Labor is committed to protecting the rights of all workers, especially the most vulnerable,” said Wage and Hour Division District Director Susana Blanco in San Jose, California. “Employers who wish to remain competitive in the employment marketplace should use the many tools the department provides to comply with the Fair Labor Standards Act.”