The Attorney General’s Office (AGO) announced that it issued a civil citation to Excel Nursing Services, Inc., a Wilbraham-based home care and healthcare staffing agency servicing western Massachusetts, and its President and Treasurer, Rebecca Paquette. The citation resolves allegations that Excel unlawfully delayed wage payments to 107 new employees until they completed 115 hours of training and patient care. The conduct violated state laws requiring employers to pay workers within six days of the end of a weekly or biweekly pay period. Under the terms of the citation, Excel will pay $214,842, which includes civil penalties to the state, in addition to restitution to the impacted employees that was paid prior to the citation’s issuance.
The AGO’s Fair Labor Division (FLD) opened an investigation into Excel after receiving an employee complaint alleging that the company withheld wages from new employees until they accumulated 115 hours of work. Through their investigation, FLD learned that the company did not pay new employees until they completed 65–75 hours of online and in-person training, plus an additional 50–60 hours of patient care without direct supervision. FLD investigators confirmed that the company’s payroll policy was in violation of timely payment mandates required by Massachusetts Wage Act, which requires employers to pay all employees within six days of the end of the weekly or bi-weekly pay period.