Fighting for Fair Pay

Future Care and Americare

Getman, Sweeney & Dunn representa a dos “Home Attendants” que buscan paga por salarios de sobretiempo contra Future Care y Americare (FUTURE CARE HEALTH SERVICES, INC., AMERICARE CERTIFIED SPECIAL SERVICES, INC.) y sus operadores por violaciones a la ley de horas extras del estado de Nueva York. Las dos “Home Attendants” han traído una acción de clase contra las agencias porque no les pagaron por todas las horas de trabajo incluyendo horas de entrenamiento, no pagaron sobretiempo, y no mantener records de todas las horas trabajadas. Getman, Sweeney & Dunn estará asociándose con los despachos de Abbey Spanier y el National Employment Law Project. Para mas información llámenos gratuitamente al 1-800-284-2402.

Getman, Sweeney & Dunn has filed an overtime pay lawsuit against FutureCare and Americare (FUTURE CARE HEALTH SERVICES, INC., AMERICARE CERTIFIED SPECIAL SERVICES, INC., and their principal owner operators for violations of New York State overtime law on behalf of Home Health Aides. Two Home Health Aides have filed a class action lawsuit charging the companies with failing to pay overtime, failing to pay all hours worked (such as at trainings), failing to pay spread of hours, failing to pay for all hours worked, and failing to keep all records of the work hours as required by law. Getman, Sweeney & Dunn will be joined by attorneys at Abbey Spanier and the National Employment Law Project in bringing this case.

Status Reports

State Supreme Court Victory for Plaintiffs – Court Dismisses Defendants’ Motion to Dismiss – Posted March 21, 2013

FutureCare and Americare responded to the complaint by filing a motion to dismiss. This is a common defense strategy in state lawsuits, for the simple reason that it affords defendants a significant delay. On March 18th, the Court mailed decision on motion to dismiss which denied Defendants’ motion in all respects. Most importantly, the Court cited the admissions of Defendants’ counsel for the proposition that both Americare and FutureCare must be deemed to jointly employ the Home Health Aides working for FutureCare. The case will now move into discovery with respect to the class action aspect of the case. Plaintiffs expect to file a motion for class certification within the next 90 days.

Complaint Filed – Posted February 6, 2013

The document which starts a lawsuit is known as a “complaint.” Click here to review the Complaint filed in this case.

Answers to Common Questions – Posted January 16, 2013

What claims are covered in this case?

The specific claims include whether the employers 1) failed to pay wages at the rate of time and one half to Home Health Aides, 2) failed to pay spread of hours pay, 3) failed to reimburse workers for their uniform laundering expenses, 4) required workers to bear expenses for the benefit of the employer, such as latex gloves, 5) failed to keep proper records and give proper notice to employees about their wages.

What work locations are covered by this lawsuit?

The claims in this lawsuit cover FutureCare and Americare workers in New York. If you worked for either company elsewhere in the United States and suffered similar violations, please contact Getman, Sweeney & Dunn to discuss your situation.

What damages are sought?

Damages sought include overtime wages, unpaid wages, laundering expenses, spread of hours pay, reimbursement of out of pocket expenses, plus prejudgment interest, and fees and costs for each violation. The attorneys will also seek to have the employers pay their legal fees and expenses, if they win the case.

How far back can claims be made?

Home Health Aides are entitled to make claims for the period extending back six years from the date the complaint is filed in Court.

How do I join the case?

If you would like to participate in this case and have your claims against this employer evaluated, please call Getman, Sweeney & Dunn at 845-255-9370 and ask to speak with Artemio Guerra or fill out the “Request for Information” at the right of your screen.

Do I have to pay to join the case?

No. The attorneys representing plaintiffs in this investigation are Getman, Sweeney & Dunn, PLLC, Abbey Spanier, and NELP, and we are handling this case on a contingent basis and will only be paid if we win this case through a settlement or final judgment. At that point, an employer is responsible to pay attorneys’ fees and costs.

Can the employer fire me or take action against me for bringing or joining the case?

The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, the employer would be liable for at least double the injury caused to the employee, and possibly much more. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.

Case Inquiry

Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that completing this form does not establish an attorney-client relationship. For information on joining the case, please see the "How to Join this Case" section.

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