Nursing home lawyers have filed a lawsuit against Fairview Nursing Home and its director, saying the nursing home has been illegally charging its staff $15 an hour.
The lawsuit filed Wednesday in federal court in Atlanta accuses Fairview of being the only nursing home in Georgia that has not complied with the federal Fair Labor Standards Act, which requires employers to pay minimum wage to employees.
Fairview is a small, nonprofit nursing home with about 6,500 residents, according to the lawsuit.
The nursing home, located in the southern part of the state, charges $15 for its nursing staff and $16 for other residents.
The state of Georgia is one of more than 20 states that have laws that prohibit employers from paying employees a minimum wage.
The law, which was passed in 2016, prohibits employers from discriminating against workers who are covered by the Fair Labor Act, the lawsuit said.
The Labor Department has not confirmed whether Fairview has complied with federal laws.
The Fair Labor Department is investigating the nursing homes complaint, which comes after an audit in 2016 found that Fairview’s wages were not being paid.
Fairfield attorney Lisa Fenton said she was unaware of Fairview being one of the states with laws that would prohibit the nursinghome from paying workers a minimum rate.
“I’m not aware of any other nursing home that does not pay its employees minimum wage,” Fenton told FoxNews.com.
The attorney said the nursing facility has a minimum floor for nursing staff, and it is “unfortunate that the state of Florida is forcing the nursing care facility to raise its floor,” the lawsuit, filed by Fenton, said.
“The Florida Department of Labor has told us it’s an ‘offense’ for us to raise the floor, and that we need to raise it to a ‘minimum’ wage.
That’s not right.”
The Fairview case comes after the Labor Department began investigating complaints about Fairview over the summer.
The agency found that the nursing-home, which has fewer than 100 employees, is illegally charging nursing staff $11 an hour or more than $18 an hour, according the lawsuit filed in U.S. District Court in Atlanta.
FairView denies the allegations, saying it is in compliance with federal law.
Fenton asked the Labor Secretary to investigate the nursing agency and said Fairview should be held accountable for its alleged illegal behavior.
Fairpoint’s chief executive officer, Tom Pappas, told Fox News on Thursday that the company has paid the $15 minimum wage for its employees, and will continue to do so.
“We are not aware that any other facility is doing this,” Pappes said.
He added that Fairpoint is the only facility in Georgia where it is not paying its employees a salary.
Pappos said Fairpoint has more than 5,000 employees, including 2,200 full-time employees.
He said that he had no knowledge of Fairvision charging nursing employees a $16 per hour wage.
He declined to provide a timeline for when Fairview will be paying its workers.
Pampers said Fairway employees have received “over $200 million” in employee retirement and health benefits, including Social Security and disability, since 2008, and “have had a solid track record of providing excellent care.”
The company said that it “continues to strive to provide an outstanding nursing experience for our patients.”
The lawsuit says Fairview and its directors, Dr. Elizabeth Miller and Dr. Kevin Treneman, have violated federal Fair labor laws by not paying employees at least the minimum wage that is required under the federal law and that FairPoint’s minimum wage does not meet the minimum standards.
The suit also alleges that the directors have not provided any financial information to the Labor Departments investigation, which the Labor Office has said is confidential.
Miller, who has been Fairview director for seven years, said the company is “looking into all allegations in this lawsuit.”
She said the Labor department is working with the nursing company to address the allegations.
Miller and Trenemen did not immediately return requests for comment.
The labor department is also investigating a complaint filed by the American Civil Liberties Union of Georgia.
The ACLU of Georgia has not commented on the complaint.
The complaint, filed last month, claims that Fairland is not providing adequate care and services to its employees.
The civil rights group said Fairland violated the Fair labor law by illegally charging employees $15 hourly rates.
The U.N. estimates that the U.T. is responsible for 1.4 million deaths every year due to preventable illnesses and injuries.
The Department of Health and Human Services has estimated that the cost of treating preventable diseases and injuries at Fairview could be more than the cost incurred by the nursing service.
The Civil Rights Division of the Labor and Human Rights Commission, which investigates and prosecutes discrimination cases, said it will be reviewing the complaint filed against Fairland.