NEW YORK HOME HEALTH CARE OVERTIME

In the first class-wide settlement of its kind, employees of a home care agency reached an agreement with their employer to settle their overtime compensation claims.  The New York State Court approved a settlement that awarded the employees $1.1 million.  The employees worked as home health aides for McMillan’s Home Care Agency.  The employees alleged that their employer failed to pay them overtime at one and one half times their regularly hourly rate, despite frequently working up to 60 hours per workweek.  The settlement agreement also prohibits their employer from retaliating (e.g. firing) against any employee who complains about wages and hours and also required the employer to appoint an administrator to handle complaints about wages or reimbursement of expenses.  According to a recent survey, overtime violations seem to be commonplace in the home health care industry.  For more information regarding employeesrights under Federal or State labor laws, please contact Fitapelli & Schaffer for a free consultation.