SeniorBridge Home Care
Federal law now requires employers to pay overtime wages for any work hours over 40 in a week even if you are paid a per diem 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 Health Aides against Humana, Inc., Humana at Home, Inc., and SeniorBridge Family Companies (CT), Inc. for violations of Federal and state overtime laws. A Home Health Aide filed this class action lawsuit charging the companies with failing to pay 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. You can view the Complaint in the case here. If you worked for any of the Defendants as a Home Health Aide since January 1, 2015, you can join this case to recover back wages and liquidated damages. To have your federal overtime wage claims included in the case, you must file a consent to sue. You can fill out a Consent to Sue and return it to Getman & Sweeney. We will file it on your behalf. You can find the Consent to Sue form here. Getman & Sweeney is working with attorneys at Bohrer Brady, LLC in bringing this case.
The original complaint was filed on November 10, 2015.
Answers to Common Questions:
What claims are covered in this case?
The case covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under state labor law. The specific violations claimed are that the Defendants failed to pay overtime wages to its Home Health Aides.
What damages are sought?
Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs 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. You must send us a signed Consent to Sue to bring claims in this action.
How far back can claims be made?
Claims are based on Defendants’ failure to pay overtime wages beginning January 1, 2015, when the law changed to require overtime wages for Home Health Aides. Accordingly, claims in this case go back to January 1, 2015. Generally, 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 with the court. Defendants will be entitled to argue that its violations were not willful and that its claims should only be limited to a two-year period preceding the filing of your Consent to Sue. This two or three year period is called the “statute of limitation.”
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. You can do so by completing a Consent to Sue and sending it to Getman & Sweeney for filing.
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC and Bohrer Brady, LLC. They are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue is filed. If you delay in filing the Consent to Sue, part or your entire claim may be barred by the statute of limitations. You can complete this Consent to Sue and send it to Getman & Sweeney for filing.
Can the Defendants fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, Defendants 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 occurs. Retaliation is rare in overtime cases because an employer can suffer such serious penalties.
What locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover every worksite nationwide in the U.S.A. If you worked for Defendants anywhere in the country, you can bring FLSA claims in this case. State Labor Law covers only work in that state.