A Department of Labor investigation does not appear to be going well for another New York home care agency. The DOL has secured a temporary restraining order against Sunrise Home Care Inc. in Brewster and owner Elsa Silva, it says in a release. Silva has harassed and intimidated employees repeatedly by asking them about their communications with investigators and instructing them to provide false information to the department; told employees she would have to close the business and they would lose their jobs if the division’s investigation determined she had to pay overtime premiums; and pressured employees to agree to return to the employers any monies owed to employees as a result of the investigation, the DOL alleges.
In addition to refraining from intimidating workers and obstructing the investigation, Sunrise and Silva must allow Wage and Hour Division notices to be read aloud to all workers in languages they understand, and must provide seven days’ notice to WHD before terminating any employees, DOL says. “When employers like Sunrise Home Care Inc. of Brewster use threats and intimidation to hinder a U.S. Department of Labor investigation, we will take swift and effective legal action to hold them accountable and ensure that workers maintain the full legal rights and protections guaranteed under the Fair Labor Standards Act,” Regional Solicitor of Labor Jeffrey Rogoff says in the release.