News & Analysis as of

Home Healthcare Workers Class Action

King & Spalding

D.C. Circuit Upholds Dismissal of Proposed Class Action Against HHS for Home Health Aid Shortage

King & Spalding on

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia upheld a lower court’s decision to dismiss a proposed class action accusing HHS of causing a shortage of home health aides willing to assist Medicare...more

Nilan Johnson Lewis PA

Home Health Care Misclassification Lawsuits Rising

Nilan Johnson Lewis PA on

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

Farrell Fritz, P.C. on

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Jackson Lewis P.C.

The Thrill Of Victory And The Agony Of Defeat: Illinois Home Health Aides Must Sue Individually To Recoup Fair Share Fees

Jackson Lewis P.C. on

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower...more

FordHarrison

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

FordHarrison on

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

FordHarrison

24-Hour Shift Cases: Now Far Too Costly To Service?

FordHarrison on

Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay...more

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