GPR Associates, Inc./Universa Inc.
(Active)
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Getman, Sweeney & Dunn, PLLC and Virginia & Ambinder, LLP represent the Named Plaintiffs, who were home health care attendants employed by GPR Associates, Inc. and Universa Inc. (doing business as Helping Hands Services and Universacare) (“Defendants”).
As home health care attendants, the Plaintiffs provided personal care, assistance with health-related tasks, and other home care services to Defendants’ homebound, ailing and elderly clients in New York State. Plaintiffs’ services included but were not limited to assistance with dressing, bathing and personal grooming, cooking, feeding and serving food, changing diapers and toileting, cleaning, and escorting clients to doctors’ appointments. The Plaintiffs allege that the Defendants systematically engaged in wage theft by paying the workers only 13 hours for each 24-hour “live-in” shift worked, without paying for work performed during the other 11 hours or ensuring that the aides received legally required, regularly scheduled, work-free uninterrupted periods to sleep and eat.
Plaintiffs are asking the court to treat the case as a class action lawsuit, meaning that the Plaintiffs seek to represent themselves and other home health care attendants who also had their wages stolen. Plaintiffs claim that a class action is the fairest way to proceed based on Defendants’ similar treatment of all home care attendants who performed 24-hour shifts, including: Defendants’ (1) failure to pay the New York State minimum wage for all hours worked; (2) failure to pay overtime wages for hours over 40 in a week; (3) failure to pay “spread of hours” wages (an extra hour of pay for shifts longer than ten hours); (4) failure to keep records of all hours worked by Plaintiffs; (5) failure to make sure that Plaintiffs received regularly scheduled, work-free uninterrupted periods for sleep and meals, as required by law; and (6) failure to make sure that Plaintiffs received appropriate sleeping facilities when they performed 24-hour shifts.
Click here to read the amended Complaint.
Status Reports
Answers to Common Questions - Posted May 2, 2025
What damages are sought in this case?
The Plaintiffs seek damages under the New York Labor law, including back wages, for unpaid minimum wage and overtime, unpaid “spread of hours” (an additional hour of pay at the minimum wage for each shift worked greater than 10 hours), an equal amount of liquidated damages, as well as interest, fees and costs.
How far back can the claims be made?
Claims under the New York State Labor law go back six years from the filing of the complaint. Here, Plaintiffs seek to recover unpaid wages dating back to March 31, 2016.
How do I join the case?
You do not have to do anything now. During the case, the Plaintiffs will request that the Court certify the case as a class action and designate Getman, Sweeney & Dunn and Virginia & Ambinder as class counsel. If the Court grants Plaintiffs class certification motion, then we will issue Notice of Class Action Lawsuit to other home health care attendants. The notice will inform class members about the lawsuit and about any action you need to take.
Do I have to pay to join the case?
Getman, Sweeney & Dunn, PLLC and Virginia & Ambinder, LLP are handling this case on a contingent basis and will only be paid if we win through a settlement or final judgment.
Can the Defendant fire me or take action against me for joining the case?
The law prohibits retaliation against workers for participating in a lawsuit for unpaid wages. If an employer retaliates against its employees it could be liable for damages, at least double the injury caused to the employee, and possibly much more. Notify an attorney immediately if you believe you have been retaliated against for participating in this lawsuit.
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