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.
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 millionin 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 475-277-2200. Our employment lawyers will review your case and give you no-nonsense answers to your questions.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
