On April 11, 2016, Sherrie Hall and Yolanda Roberson filed a putative class and collective action Complaint against Tri-Borough Home Care Ltd. in the U.S. District Court for the Eastern District of New York, which is assigned case number 1:16-cv-1732.
Who is in the case?
The lawsuit is brought on behalf of all individuals whom Tri-Borough employs or has employed as a home health aid at any time since April 11, 2010.
Claims in the lawsuit:
The lawsuit asserts three claims.
- Claims 1 and 2. It alleges home health aides spent 20% or more of their time performing general household work, yet were paid the same hourly rate for every hour they worked – even when they worked more than 40 hours in a week. It thus alleges Tri-Borough violated the Fair Labor Standards and the New York Labor Law by failing to pay home health aids overtime premium pay: 1.5 times their regular rate of pay for every hour they worked above 40 in a week.
- Claim 3. It also alleges Tri-Borough violated the Labor Law by failing to give home health aides with the Notice and Acknowledgement of Pay Rate and Payday under Labor Law § 195.1.
Who represents the Plaintiffs?
Douglas Lipsky of Bronson Lipsky LLP represents the Plaintiffs. You can contact Douglas Lipsky at 212.444.1024.
- On April 11, 2016, Plaintiffs filed the Complaint.
*This update is based solely on information that is publicly available and is current as of April 11, 2016