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“Off the Clock” Class-Action Lawsuit for NY Home Care Service Agency

April 17, 2010

In recent employment news that our Santa Ana Labor and Employment Attorneys have been following, a class-action wage and hour lawsuit has been filed against McMillan's Home Care Agency in New York, with employees claiming that they were regularly underpaid, and never received lawful overtime compensation for frequently working up to 60-hour work weeks.

According to the lawsuit, the agency neglected to pay employees overtime for working "off the clock," and demanded that workers cover the cost of buying and cleaning their home care uniforms as well as other supplies necessary for the job. McMillan is also being accused of continually misreporting and illegally falsifying employee pay records, and the lawsuit seeks unpaid wages and an agreement from the company that they will comply with the wage and hour laws of New York State in the future.

The class-action lawsuit was filed in the New York County Supreme Court by Josefina A. Toledo, a resident of Harlem, on behalf of herself and hundreds of McMillan's workers who have experienced violations dating back to 2004. As a home care worker, Montero and her colleagues provide home health care for elderly, ill, and housebound residents in the New York-area. They claim that they were paid for all work hours at a regular straight-rate time, with no overtime pay reflecting the "off the clock" hours. Toledo and her coworkers were also allegedly required to attend long training sessions at the McMillan offices a few times a year without pay.

The lawsuit states that the home care industry is one of the nation's fastest growing occupations, with home care workers making up one out of every seven New York City low wage workers. The Department of Labor reports that New York home health care aide work is a rapidly growing industry occupation, with an expected job rise of 41 percent to 115,200 by 2016. The majority of these workers reportedly remain overworked and underpaid, with many of them earning only minimum wage or slightly above for hard work that requires long hours and serious dedication.

The recent study, Working Without Laws, published by The National Employment Law Project, found massive wage theft in the home care industry in New York. The study found that almost 83 percent of the home health care aides interviewed, whose salary is around $21,000 per year, reported violations of overtime pay with 83 percent working "off the clock," with no compensation.

Yvonne McMillan, the agency's president claimed that employees not longer work more than 40 hours a week. She claimed that the business could not afford them to pay overtime, which according to her is "no mystery" in this home health care aide industry.

If you or someone you know in Southern California has experienced a wage and hour issue in the workplace, our team of experienced California labor and employment attorneys and professionals can help. Contact Howard Law, PC today, for a free consultation.

Working Without Laws: Survey of Employment and Labor Law Violations in New York City, National Employment Law Project, 2010

Home Care Service Sued Over Pay Practices, Workforce Management, April 15, 2010

Related Web Resources:

National Employment Law Project

United States Department of Labor