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Humana has agreed to pay $17 million to resolve claims it failed to properly pay home health workers their appropriate overtime wages.
Humana employs live-in and non-live-in health workers through Humana at Home and other business arms, according to Fierce Healthcare.
If the settlement is approved, the average minimum award for each Class Member is expected to be about $6,800, according to the settlement agreement. The highest award Class Members will be able to receive will be $120,982, while the lowest will be $500.
A class action lawsuit filed in 2015 had accused Humana of not paying overtime for all hours worked over 40 per week.
The lead plaintiff in the case, Daverlynn K., worked for the defendants from 2011 to May 2015, regularly putting in more than 40 hours per week, according to the class action lawsuit.
During some workweeks, Daverlynm claims, she worked as many as 98 hours.
The class action lawsuit formally accused the defendants of violating the federal Fair Labor and Standards Act (FLSA).
The FLSA ensures certain workers have certain rights when it comes to wages, work hours, and other aspects of employment.
Under the FLSA, employers must keep non-exempt employees to a 40-hour workweek or pay them overtime of one and a half times their regular pay rate.
Some states have additional rules of their own when it comes to worker protections.
The parties decided to settle the Humana class action lawsuit to avoid the costs and complexities of ongoing litigation, according to the settlement agreement.
“All of these complex trial and appellate issues mean that, absent a settlement, this case is likely to go on for years before it is resolved through litigation with all of the ever-increasing costs and attorneys’ fees such lengthy proceedings will inevitably entail,” the settlement says.
“It is surely rational from the perspective of absent class members to obtain compensation now rather than endure years of further litigation over these issues.”
Are you a Humana home health care worker? Were you paid for all the overtime you worked? Let us know in the comment section below.
The plaintiffs are represented by Artemio Guerra, Dan C. Getman, and Michael J.D. Sweeney of Getman, Sweeney, & Dunn PLLC; Scott E. Brady and Philip Bohrer of Bohrer Brady LLC; and Edward Tuddenham.
The Humana Home Health Worker Wages Class Action Lawsuit is Daverlynn K., et al. v. Humana Inc., et al., Case No. 3:15-cv-01637(JAM), in the U.S. District Court for the District of Connecticut.
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5 thoughts onHumana Agrees to $17M Settlement Over Home Health Worker OT Claims
I worked in Humanas’ call center from 2007 – 2017, pls add me
I worked from home for Humana, I never thought to verify if I was paid all OT but I worked a lot of OT for them.
Add me please
How do I get added?
Add me please i am a healthcare worker