Home Care At Its Best, Inc. (HCAIB)

Federal law requires employers to pay overtime wages for any work hours over 40 in a week even if you are paid by day rate and even if you were told that you are not eligible to get overtime pay. An employer can legally not pay you overtime only if you are exempted from the law. To find out whether you are entitled to overtime pay, call us at 845-255-9370. The call is free and confidential.

Getman Sweeney has filed an overtime pay lawsuit on behalf of Home Care Workers against Home Care At Its Best, Inc. (HCAIB), for violations of Federal and state overtime laws. The Plaintiff brought the case on behalf of Home Care Workers (LPNs, CNAs, and HHAs) who worked for the Defendants anywhere in the United States. She claims that the Defendants failed to pay its Home Care Workers overtime as required by state and federal law. She is asking the Court to award her and the class unpaid overtime wages and an equal amount of liquidated damages for failing to pay the wages on time. Additional claims are brought under the NY state Labor Laws.

Answers to common questions:

How do I join the case?

To bring claims under the FLSA for back wages and an equal amount of liquidated damages in this action, you must affirmatively join the case by filling out a Consent to Sue form and returning it to Getman Sweeney to be filed with the Court. Home care workers who worked in New York and who do not fill out a consent to sue form MAY be part of the state overtime wage claims which are brought as a class action, but only IF the Court ultimately decides that the case may go forward as a class action. Home care workers who want the best chance of recovering back wages should fill out the Consent to Sue form and return it to Getman Sweeney to be filed with the Court. You need the free Acrobat Reader installed to view the form..

Do I have to pay to join the case?

No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC and we are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.

What claims are covered in this case?

The complaint covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”) and New York state law. The specific violations claimed are that Home Care At Its Best, Inc. (HCAIB) paid its home care workers the same hourly rate for all hours they worked without time and one half the hourly rate for overtime work. The mere fact that an employer pays a day rate does not avoid the requirement to pay overtime at the rate of time and one half.

The Named Plaintiff also brings individual claims under New York state law.

What work locations are covered by this lawsuit?

The FLSA overtime claims in this lawsuit covers Home Care Workers who worked anywhere in the country. The NY overtime claims in this lawsuit covers home care workers who worked anywhere in New York state.

What damages are sought?

Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, and interest for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue form, available here. Damages for the New York class action state law claims include back overtime pay, liquidated damages, and prejudgment interest for each violation and allows claims going back six years from the Complaint. Under both the FLSA and New York overtime laws, a losing defendant is required to pay for the workers’ attorneys’ fees and costs. You must send us a signed Consent to Sue Form to bring your federal wage and hour claims in this action.

How far back can claims be made?

Under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed in Court. Home Care At Its Best, Inc. (HCAIB) may argue that its violations were not willful and that the claims should only be limited to a two-year period preceding the filing of your Consent to Sue Form. This two or three year period is called the “statute of limitation.” The New York state wage claims have a different statute of limitations that goes back six years from the date the complaint was filed in Court.

Can I wait to file my Consent to Sue form?

You are not part of the FLSA case until your Consent to Sue Form is filed with the Court. We will file it for you, but if you delay in sending the Consent to Sue to us, part or all of your claim may be barred by the statute of limitations.

Can Home Care At Its Best, Inc. (HCAIB) fire me or take action against me for joining the case?

Both federal and state law prohibit retaliation or discrimination in any way for joining an overtime lawsuit. If any employee suffers retaliation, Home Care At Its Best, Inc. (HCAIB) would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation has occurred or is occurring. Retaliation is rare in most overtime cases because an employer can suffer such serious penalties.

Can Home Care At Its Best, Inc. (HCAIB) or its attorneys contact me about this case?

Once you have filed a consent to sue, neither Home Care At Its Best, Inc. (HCAIB) nor its lawyers should contact you about the case. If they do, call us immediately.
Employers and their attorneys often speak with current employees who have not yet filed a consent to sue. Even though they are not permitted to do so, employers and their counsel have in many cases tried to discourage employees from joining wage-and-hour cases. And they have tried to get employees to make a statement that can later harm their ability to join a lawsuit or otherwise interfere with their claims.

Here are the rules for employer-attorney contact with employees about a case: First, employers’ attorneys should advise employees that they should secure their own counsel before speaking with the attorney. Second, attorneys for the employer may not give employees legal advice. Third, employers’ attorneys are not permitted to give false or misleading information about a case. Fourth, they are required to inform an employee that they represent the company and that the employee is not required to give a statement. You should know that statements that employees give to employers or their lawyers are generally sought to defend the company against the suit seeking back wages the company may owe its employees, including wages owed to the employee giving the statement. Getman Sweeney strongly believes that employees who may have back wage claims should not give statements to an employer or its attorneys without receiving legal advice first. If you are asked to provide information or give a statement, you can contact Getman Sweeney immediately. The call is free and confidential.

Federal law requires employers to pay overtime wages for any work hours over 40 in a week even if you are paid by day rate and even if you were told that you are not eligible to get overtime pay. An employer can legally not pay you overtime only if you are exempted from the law. To find out whether you are entitled to overtime pay, call us at 845-255-9370. The call is free and confidential.

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