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Senior Living Liability

Home care

Why is wage and hour the claim we actually get?

Because it arises from how the work is structured rather than from anything a manager did. Travel time between clients, documentation completed after a visit ends, on-call arrangements, and misclassification of coordinators as exempt each apply uniformly to everyone in a role.

That uniformity is what turns one complaint into a collective action. A discrimination claim is about one person; a rounding practice is about everyone who ever clocked in.

Most employment practices policies exclude wage and hour damages and give back only a modest defense sublimit, so the insurance funds a first response rather than a solution. Audit timekeeping practice before a claim: whether travel time is captured and paid, whether post-visit documentation time is recorded, and whether every exempt classification can be defended on actual duties rather than job title.

Source: US Department of Labor, Fair Labor Standards Act

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