Homecare Nurses and Homecare Aides Overtime Pay – Unpaid Wages Trigger Lawsuits

Home Care Agencies nationwide sued for homemecare aides unpaid overtime claims.

Homecare nurses and home care aides unpaid overtime claims have increased as Home Care Agencies continue attempts to cut operating expenses. This may be a coincidence, but hard-working care givers have successfully brought lawsuits to recover lost overtime wages in many states.

The unpaid overtime claims for homecare aides, nurses and direct care workers became worth fighting for under the new Federal Labor Standards Act (FLSA) rule effective November 1, 2015.

First, the rule provides that homecare aides and nurses must get overtime pay equal to one-and-a-half times their wages for each hour worked over 40 hours per week if they:

  • Are employed by a homecare agency or other third-party agency
  • Provide medical services that typically require and are performed by trained medical personnel because they are invasive, sterile or otherwise require medical judgment (e.g. assisting with tube feeding or catheter care)

Second, the rule requires that direct care workers be paid at least the federal minimum wage and receive overtime pay, regardless of the worker’s duties. Direct care workers include certified nursing assistants, home health aides, personal care aides, caregivers, and companions.The Paraprofessional Healthcare Institute (PHI) 2017 report estimated that 2 million direct care workers were employed in homes in the United States caring for the elderly and disabled.

Third, the rule eliminated the claim that the “Companionship Rule” exempted homecare nurses and direct care workers from overtime payments.

Finally, effective December 1, 2016, the federal Department of Labor raised the minimum salary used to designate white collar workers exempt from overtime to $913 per week ($47.476 per year). The law requires that employers pay overtime to wage earners making less than that amount.

Overtime Pay Calculator – Click here to find out how much you could be owed

A List of Successful and Pending Lawsuits for Unpaid Overtime Claims by Homecare Nurses and for Home Care Aides

This list includes all available lawsuits in selected states.

ARKANSAS

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

ALABAMA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

ARIZONA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

CALIFORNIA

Homecare nurse lawsuit for unpaid overtime wages

Recently settled lawsuits

In August, homecare nurses settled their case against Accentcare, Inc., for $1.5 million

In 2017, more than 1,300 “advice nurses” working at call-in centers providing answers to patient health care questions settled their unpaid wages case against Kaiser Permanente for $6.255 in this class-action lawsuit for unpaid wages and overtime compensation in federal district court in California.

Recent pending lawsuit

The city attorney for Los Angeles recently filed a lawsuit against Health Alliance Nurses Corp. and Hand Homecare Provider Inc., alleging that they for four years they did not pay an estimated 200 workers, including homecare nurses, minimum wage and overtime wages.

In October 2017 Plaintiff Trina Ray filed a lawsuit against California Department of Social Services (DSS) and Los Angeles County on behalf herself and 169,246 home health care workers, including homecare nurses, to recover unpaid overtime wages.

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

Recent settled lawsuit

Ginger Rogers and other class action plaintiffs settled their claims for unpaid minimum wages and overtime pay against Kindred Healthcare Inc. in 2016 for $2.465 million

Castro v Emeritus Senior Living for unpaid overtime wages settled for $2.2 million in 2013

Recent pending lawsuit

In October 2017 Plaintiff Trina Ray filed a lawsuit against California Department of Social Services (DSS) and Los Angeles County on behalf herself and 169,246 home health care workers, including homecare nurses, to recover unpaid overtime wages.

In April 2017 Plaintiff Geneflor Sacro filed a lawsuit for herself and others against Brookdale Senior Living demanding payment of unpaid overtime wages

The pending cases listed above brought by the City of Los Angeles and by Trina Ray include claims by Home Care Aides.

State Law prohibiting mandatory overtime for nurses,

Yes.

COLORADO

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

In 2016 a lawsuit was filed by employees against AllStaff Medical Resources, Inc. for failure to pay overtime wages

State Law prohibiting mandatory overtime for nurses

No

CONNECTICUT

Nurse lawsuit homecare nurse against hospital for unpaid overtime wages

Recently settled lawsuit

In 2015 health care workers, including homecare nurses, settled an unpaid wage claims case against Amedisys, Inc., a major health care service provider, for $8 million.

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Filed in 2016, home care health aides seek to recover shorted overtime pay in Kinkead v Humana Inc.

State Law prohibiting mandatory overtime for nurses

Yes

FLORIDA

Homecare nurse lawsuit for unpaid overtime wages

Recently settled lawsuit

In 2016 settlement for $4.5 million for unpaid overtime wages in case of Randoph v Centene Management Company LLC

Pending lawsuit

In 2015 the U.S. Depart of Labor sued Caring First, Inc. alleging that the company failed to pay certain employees including homecare nurses earned overtime wages.

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

The Caring First case listed about includes direct care home health workers.

State Law prohibiting mandatory overtime for nurses

No

GEORGIA

Settled homecare nurse lawsuit for unpaid overtime wages

In June 2017, 149 health care clinicians, including homecare nurses, settled their case for an undisclosed amountagainst Genitva Health Services, Inc. alleging that the company misclassified them as exempt from overtime under the Fair Labor Standards Act (“FLSA”).

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

Recent settled lawsuit

The Gentiva settlement listed above applied to some direct care home health workers

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

ILLINOIS

Settled homecare nurse lawsuit for unpaid overtime wages

Recently settled lawsuit

In 2015 homecare nurses settled a suit based on FLSA overtime pay violations for $4.75 million against Advocate Health Care Network.

Pending homecare nurse lawsuit

2016 case Vazquez v Advocate Health Care Network alleging FLSA overtime pay violations

Byrne v Centegra Health Systems filed April 2017 by homecare clinicians including nurse alleging FLSA overtime pay violations

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

Recent settled lawsuit

In 2016 Lukas v Advocate Health Care Network the claim for unpaid for overtime wages settled for $4.75 million

Recent pending lawsuit

Richardson v Oxford Healthcare filed in 2017. Plaintiffs seek to collect unpaid overtime.

Byrne v Centegra listed above includes direct care home health workers

State Law prohibiting mandatory overtime for nurses

Yes

INDIANA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

MARYLAND

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime

No recent settled lawsuit

Recent pending lawsuit

In 2015 at least 73 individuals filed lawsuits claiming unpaid overtime against Maxim Healthcare Services Inc.

State Law prohibiting mandatory overtime for nurses

No

MASSACHUSETTS

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

Pending lawsuit

Homecare nurses in the Baystate Visiting Nurses Association are suing Baystate Health for unpaid overtime wages

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

MICHIGAN

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Thomas v CareMinders Home Care filed in 2013 claiming unpaid overtime wages

Department of Labor v Generations Home Care filed in 2016 claiming the company owed its employees more than $60,000 for unpaid overtime

State Law prohibiting mandatory overtime for nurses

No

MISSOURI

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

Pending lawsuit

Licensed practical homecare nurses have sued SSM Home Care for not paying overtime in class action suit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Mayberry v SSM Home Care Inc, in 2017 on behalf of home care attendants seeking recovery of unpaid overtime wages

McCleam v Health Services Inc. in 2011 seeking unpaid back pay and overtime pay

Cooper v Integrity Home Care, Inc. in 2017 for home health care workers seeking unpaid overtime pay

State Law prohibiting mandatory overtime for nurses

Yes

MISSISSIPPI

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

NEBRASKA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

NEW JERSEY

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

NEW YORK

Homecare nurse lawsuit for unpaid overtime wages

Settled lawsuit

In 2012, the court award $619,071 in unpaid overtime wages to nurses in the case of Gayle v Harry’s Nurses Registry, Inc.

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Andryeyeva v NY Home Attendant Agency filed in 2014 alleging that home care attendants did not receive their full wages

Tokhtaman v Human Care LLC filed in 2016 claiming that defendant improperly calculated wages for home health care attendants

Three individual plaintiffs v First Chinese Presbyterian Community Affairs Home Attendant Corp. filed in 2017 by home care attendants for unpaid wages for forced 24-hour shifts

State Law prohibiting mandatory overtime for nurses

Yes

NORTH CAROLINA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

NORTH DAKOTA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

OHIO

Recent settled lawsuit

In 2002, a jury awarded the plaintiff homecare nurse $25,478 in unpaid overtime wages, an unreported amount of liquidated damages, and attorney fees. Elwell v University Hospitals Home Care Services

No pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Lawrence v Maxim Healthcare Services, Inc. filed in 2012 seeking unpaid overtime wages for home health care worker

State Law prohibiting mandatory overtime for nurses

No

OKLAHOMA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

PENNSYLVANIA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

Pending lawsuit

Higgins sued Bayada Home Health Care on behalf of herself and other clinicians, including homecare nurses, claiming unpaid overtime wages because Bayada improperly classified them as overtime exempt.

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

Talarico v Public Partnerships LLC filed in 2017 claiming unpaid overtime pay for direct care home health worker employed by the defendant

State Law prohibiting mandatory overtime for nurses

Yes

SOUTH CAROLINA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

TEXAS

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

The plaintiff in Trammell v AccentCare, Inc. filed in November 2017 claimed that she and other employees were not paid overtime for travel time

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

Yes

UTAH

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

Yes

WASHINGTON DC

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

In 2015 plaintiff home health care workers filed three lawsuits against their employers claiming that they were cheated out of wages and denied sick pay and overtime.

The first lawsuit was filed against Nursing Enterprises Inc., Vizion One Inc. and Health Management Inc.

The second was filed againstCapitol View Home Health Agency, Human Touch, T&N Nursing and VMT Home Health

The third was filed againstAlliance Home Health Care & Equipment Services, Inc., Berhan Home Health Care Agency, Immaculate Health Care Services Inc., Divine Health Care Services Inc., and JD Nursing and Management Services Inc.,

State Law prohibiting mandatory overtime for nurses

No

WEST VIRGINIA

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

WISCONSIN

Homecare nurse lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

Home Care Aide – Direct Care Worker lawsuit for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State Law prohibiting mandatory overtime for nurses

No

Contact an Experienced FLSA Labor Law Attorney if You Are A Homecare Nurse or direct care homecare worker and Have Unpaid Overtime Claims

To get the money you deserve, call Lemberg Law at 855-301-2100. Our employment lawyers will review your case and give you no-nonsense answers to your questions.

 

 

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