An investigation by the department’s Wage and Hour Division found Progressive Services of Virginia LLC and co-owners Georgiana Smith and Richard Smith asked direct care employees to sign documents waiving their rights to overtime compensation. The employers paid straight-time rates for hours over 40 in a workweek.

The division recovered $302,144 in back wages and an equal amount in liquidated damages for the affected workers and assessed the employers $18,703 in civil money penalties for their intentional violations of the Fair Labor Standards Act.

“The Fair Labor Standards Act does not permit employers to deny overtime pay or to instruct workers to waive their overtime pay,” said Wage and Hour Division District Director Roberto Melendez in Richmond, Virginia. “Employees should know their workplace rights and employers must understand and comply with the law.”  

Progressive Services of Virginia provides in-home intellectual disabilities and developmental disabilities services for children, adolescents and adults in the Chesapeake, Virginia Beach, Norfolk and Portsmouth areas.

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