P.S.C. Community Services, Inc. is the defendant in a proposed class and collective action accusing the company of federal and state labor law violations. The suit was filed in New York by a former home care worker who was employed by the defendant from August 2010 to February 2018 and alleges she was deprived of lawful minimum wages and time-and-a-half overtime pay.
The lawsuit notes that New York’s Wage Parity Law specifies a minimum wage rate for workers employed by home health agencies that receive Medicaid reimbursements from the state, such as the defendant. The case argues, therefore, that the plaintiff should have been paid in accordance with the minimum rates set by the Wage Parity Law. Throughout the plaintiff’s years of employment, however, the defendant regularly paid her an hourly rate that was not compliant with state law, according to the complaint.
The plaintiff alleges that she was not properly compensated for her overtime hours and was paid at her straight-time rate instead of a premium time-and-a-half rate for the hours she worked over 40 each week, including time she spent in training that was allegedly treated as straight-time.
The lawsuit also argues that the plaintiff wasn’t paid at all for some travel time between her clients’ residences and never received proper “spread-of-hours” pay as required by New York law.