The United States Department of Labor (DOL) recently filed a civil contempt petition against healthcare management companies that were found in violation of the Fair Labor Standards Act (FLSA) previously, but did not clear up all of the time and attendance issues cited.

Broadway Healthcare Management, Broadway Nutritional Services and Michael Konig have been accused of failing to comply with a consent petition made in 2009, following a 2008 investigation by the DOL's Wage and Hour Division. The employers are accused of violating recordkeeping and overtime provisions of the FLSA at nursing home facilities throughout New Jersey, including Teaneck Nursing Center, Royal health Gate and Manahawkin Nursing and Rehabilitation Center.

"Broadway Healthcare Management has a long history of wage violations at the locations they operate. This case demonstrates that they clearly knew their obligation to pay overtime, yet willfully took steps to circumvent it," said Brian Johnson, director of enforcement for the Northeast Region WHD.

The petition aims to provide affected nurses and staff members with the back wages they are owed for their employee attendance by auditing records and payroll documents. Companies can avoid these issues if they use a timekeeping system that generates accurate and detailed accounts of all employee work time.

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