Avondale Care Group

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Getman, Sweeney & Dunn and Bohrer Brady, LLC have filed an overtime pay lawsuit on behalf of Home Health Aides against Avondale Care Group (Avondale) for violations of Federal and state overtime laws. A Home Health Aide filed this class action lawsuit charging Avondale 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 Avondale as a Home Health Aide in the last 3 years, and worked 24 hour shifts, 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 & Dunn. We will file it on your behalf. You can find the Consent to Sue form here. Getman, Sweeney & Dunn is working with attorneys at Bohrer Brady, LLC in bringing this case.

How to Join this Case

If you have also worked for this Defendant you can join this case by completing this online Consent to Sue form or by printing this Consent to Sue Form and mailing it to Getman, Sweeney & Dunn. You need the free Acrobat Reader installed to view the form.

Status Reports

Answers to Common Questions - Posted December 15, 2021

What claims are covered in this case?

The case covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under New York State labor law. The specific violations claimed are that the Avondale failed to pay overtime wages for all hours worked over 40 in a workweek to its Home Health Aides. This includes time worked through meal breaks and sleep breaks. Additionally, Avondale failed to pay its Home Health Aides spread of hours pay required under NY state law for shifts worked more than 10 hours. Finally, the pay statements provided by Avondale did not include the accurate number of hours worked, in violation of NY law.

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.

Damages sought under the New York Labor law include back overtime wages, an additional hour of pay at the minimum wage for each shift worked greater than 10 hours an equal amount of liquidated damages, interest, and fees and costs for each violation. And up to $5,000 in damages for the pay statement violations.

How far back can claims be made?

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. Defendant 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.”

Claims under the New York State Labor law go back six years from the filing of the complaint.

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 & Dunn for filing.

Do I have to pay to join the case?

No. The attorneys representing plaintiffs are Getman, Sweeney & Dunn, 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 & Dunn for filing.

Can the Defendant 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, Defendant 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 Defendant anywhere in the country, you can bring FLSA claims in this case. The New York State Labor Law claims covers only work performed in New York.

Case Inquiry

Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.