For Immediate Release - May 19, 2010

Tewksbury Home Health Care Company and Owner Indicted for Failing to Pay Nearly 100 Employees

WOBURN - A Tewksbury woman and her home health care company have been indicted for failing to pay over $470,000 in wages to nearly 100 employees. Diane Porter, age 65, and her company, Excel Home Care, Inc., were each indicted by a Middlesex Grand Jury and charged with Failure to Pay Wages (93 counts).

"We allege that Ms. Porter and her company failed to properly pay their employees all of the money they were owed for the hours that they worked," AG Coakley said. "In tough economic times, it is imperative that employees receive all of the wages to which they are entitled, and our office is committed to holding accountable employers who violate the Commonwealth's wage and hour laws."

In March 2009, the Attorney General's Fair Labor Division cited Porter and her company for over $21,000 in restitution and fines after investigators found that Excel Home Care violated the Massachusetts wage and hour laws by failing to pay many employees for hours worked in 2008.

A subsequent investigation by the Attorney General's Office revealed that a substantial number of employees were also not paid for hours worked during the period of January 2009 to August 2009. Specifically, investigators determined that Porter failed to pay wages for hours worked to over 90 workers in the amount of $476,790. Excel Home Care, Inc. provided nursing and home health care services to clients throughout Middlesex County.

A Middlesex Grand Jury returned indictments against Porter and Excel Home Care yesterday. Porter and her company will be arraigned in Middlesex Superior Court on June 23, 2010.

Workers who believe their workplace rights have been violated are strongly urged to call the Attorney General's Fair Labor Hotline at (617) 727-3465. More information about the wage and hour laws is also available in multiple languages at the Attorney General's Workplace Rights website: www.massworkrights.com.

The case is being prosecuted by Assistant Attorneys General Lisa Price and Terri Flanagan Lamarre and was investigated by Investigator Angelique Langford with assistance from Chief of Investigations Amy L. Goyer, all of Attorney General Coakley's Fair Labor Division.

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