Warren & Siurek, L.L.P. recently won a summary judgment in a federal district court in Galveston, Texas in favor of a residential group home employee. See Boman v. All The Little Things Count, LLC, No. 3:12-CV-00077, April 24, 2013. The Court found that all of the employee’s overnight hours spent in the residential group home must be compensated as hours worked.
Contrary to established federal guidelines, many residential group homes require their employees to stay overnight in the group homes without pay. With some exception, these overnight hours should be treated as hours worked. When a group home employer fails to follow established federal guidelines, its employees are usually entitled to be paid for all of their overnight hours worked in the group home for at least a two (2) year period