Lawsuit Accuses Promise Home Care Agency of Denying Caregivers OT Pay [UPDATE]
by Erin Shaak
Last Updated on June 1, 2018
Abraham et al v. Promise Home Care Agency, Inc.
Filed: May 21, 2018 ◆§ 1:18cv4502
Promise Home Care Agency, Inc. is on the receiving end of a proposed collective action filed by two in-home caregivers who claim the company fails to pay time-and-a-half overtime wages.
Case Updates
December 1, 2020 – Settlement Receives Final Approval
The judge overseeing the case detailed on this page granted final approval to a proposed settlement in early December, noting the deal was “fair, reasonable, and in the best interests of the Class Members.”
Those who opted into the action or submitted a claim form, i.e., the settlement class members, will be mailed their settlement checks shortly, after which they have 120 days to cash the checks. If a class member fails to cash their check within 120 days of distribution, the settlement administrator, Rust Consulting, Inc., will “take reasonable steps” to locate them and, if they cannot be located, will return the uncashed check to the defendant.
Per the final approval order, the settlement fund consists of $1.1 million, of which $731,433.65 will be distributed to those who opted in or submitted claims.
Promise Home Care Agency, Inc. is on the receiving end of a proposed collective action filed by two in-home caregivers who claim the company fails to pay time-and-a-half overtime wages. Currently employed by the defendants, the plaintiffs are primarily responsible for providing in-home care to disabled children, the suit says. The women are paid hourly rates of $32.00 and $27.00, respectively, according to the complaint, and frequently put in more than 40 hours of work per week. Despite Fair Labor Standards Act obligations, the defendants refuse to pay the plaintiffs time-and-a-half wages for all hours worked over 40 each week and deny them accurate wage statements, the case alleges.
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