SeniorBridge Home Care
Getman, Sweeney & Dunn 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 & 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 Consent to Sue form and mailing it to Getman, Sweeney & Dunn. You need the free Acrobat Reader installed to view the form.
Status Reports
Summary Judgment Decision -- Posted April 6, 2020
On March 31, 2020, we received a summary judgment decision in the SeniorBridge/Humana case (you can read the decision here).
Both parties moved for partial summary judgment on various issues. The Court determined that Plaintiffs are entitled to at least 13 hours of compensation for a 24-hour shift and reserved for a jury to decide whether the Plaintiffs are entitled to compensation for all 24 hours of a 24-hour shift and how the regular rate of pay should be calculated.
This decision recognizes the rule that people are due pay for all the hours they are required to be at a place and available for work and that an employer cannot automatically deduct time for sleep and meals without complying with strict requirements.
Additional Home Healthcare Workers Can Now Join: Deadline to Opt-In is January 20, 2020 -- Posted November 21, 2019
The Court approved the mailing of notice of the lawsuit to Home Health Aides who have not previously received information about their opportunity to join.
The notice was sent by mail, email, and text on November 21, 2019. To see a copy of the notice, click here.
If you worked for Humana, Humana-at-Home, or SeniorBridge as a Home Health Aide anywhere in the United States between January 1, 2015 and October 13, 2015 and worked more than 40 hours in any week, you are eligible to join this case. In order to join this case, your signed Consent to Sue form must be filed with the Court by January 20, 2020. You can print and sign a copy of the consent form accessible here and send it to Getman, Sweeney & Dunn for filing by email (jfriday@getmansweeney.com), fax (845-255-8649) or mail:
Getman, Sweeney & Dunn, PLLC
Attn. Julia Friday
260 Fair Street
Kingston, NY 12401
CLASS CERTIFICATION FOR NY AND CT GRANTED! – Posted April 1, 2019
On March 18, 2019, Judge Meyer issued a decision in favor of Certification of New York and Connecticut Classes under state laws. This means that all current and former home healthcare workers employed in New York and Connecticut during the applicable class periods by Humana, Humana at Home, Inc., SeniorBridge Family Companies, and/or any of its or their predecessor or affiliated entities would be included in the lawsuit unless they specifically request to be excluded. You can read the order here.
This marks a very important win on behalf of the Home Health Workers. Please check back for further updates.
NY and CT Class Certification Motion Filed – Posted May 11, 2018
On May 4, 2018 Getman, Sweeney & Dunn filed a Motion to Certify New York and Connecticut Classes under state laws. A decision in favor would mean that all current or former home healthcare workers employed in New York and Connecticut during the applicable class periods by Humana, Humana at Home, Inc., SeniorBridge Family Companies, and/or any of its or their predecessor or affiliated entities would be included in the lawsuit unless they specifically request to be excluded. We will let you know Judge’s decision as soon as we receive it.
We are still in the discovery phase of the lawsuit in which both sides are required to provide relevant information and documents to the other side.
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 & 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 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.
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.