Top Class Actions  |  May 7, 2021

Category: Closed Class Actions

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This settlement is closed!

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A home health care worker in dark blue scrubs takes an elderly man's blood pressure - humana home health

UPDATE:

  • The Court granted final approval to this settlement Aug. 26, 2021.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Humana home health workers who say they weren’t properly compensated may be eligible to benefit from a $17 million class action settlement.

Four Classes have been established:

  • Class 1: Home health care workers who worked more than 40 hours per week and were not properly compensated for overtime hours under federal law between Jan. 1, 2015, and Oct. 12, 2015. This Class was brought under federal law and workers had to affirmatively opt-into the case to be members of this Class.  
  • Class 2: Current or former home health care workers who worked in Connecticut and worked in excess of 40 hours in any week between Jan. 1, 2015 and Oct. 12, 2015, and/or who worked 24-hour live-in shifts at any point between Jan. 1, 2015, and Jan. 25, 2016. 
  • Class 3: Current or former home healthcare workers who worked in New York and worked in excess of 40 hours in any week, including at least one 24-hour live-in shift, between Jan. 1, 2015, and Oct. 12, 2015, and/or who worked 24-hour live-in shifts any time between Nov. 11, 2009, and Jan. 26, 2016.    
  • Class 4: Current and former home health care workers who started work in New York and/or Connecticut between Jan. 26, 2016, and Nov. 30, 2020.

A 2015 class action lawsuit had accused the company of not paying overtime for all hours Humana home health care workers put in over 40 per week.

Humana is a care delivery and health plan administrator headquartered in Louisville, Kentucky, according to the company’s corporate profile.

Humana employs live-in and non-live-in health workers through business arms such as Humana at Home.

The defendants — Humana, Humana at Home Inc., SeniorBridge Family Companies (CT) Inc., and other predecessor or affiliated entities — deny all allegations of wrongdoing and maintain their practices do not violate the law.

After attorneys’ fees and other costs are paid from the settlement fund, the remainder will be distributed to Class Members based on a number of factors, such as the number of hours the Class Member worked and the compensation they received.

Notices sent to Humana home health settlement Class Members showed an estimated amount they were eligible to receive; this amount was calculated by Class Counsel using payroll data provided by the defendants.

Of this award, 34 percent will be treated as wages and will have employment and withholding taxes deducted.

The remaining 66 percent will be reported on an IRS Form 1099 and paid without tax being deducted or withheld.

It is recommended that Class Members consult a tax professional regarding their responsibility for taxes on this money. A W-4 form is available on the settlement website.

Individual awards may be higher than the estimated amount if members of classes 2, 3, or 4 choose not to participate in the settlement.

Members of classes 2, 3, and 4 must file a claim form in order to be eligible to receive an individual award. Class 1 Members do not need to file a claim form even if they are also a member of one of the other Classes.

A final hearing in the Humana home health care worker settlement is scheduled for Aug. 24, 2021.

The deadline to opt out of or object to the settlement is June 28, 2021. 

Claim forms must be submitted by July 28, 2021.

Who’s Eligible

Four Classes have been established:

  • Class 1: Home health care workers who worked more than 40 hours per week and were not properly compensated for overtime hours under federal law between Jan. 1, 2015, and Oct. 12, 2015. This Class was brought under federal law and workers had to affirmatively opt-into the case to be members of this Class.  
  • Class 2: Current or former home health care workers who worked in Connecticut and worked in excess of 40 hours in any week between Jan. 1, 2015 and Oct. 12, 2015, and/or who worked 24-hour live-in shifts at any point between Jan. 1, 2015, and Jan. 25, 2016. 
  • Class 3: Current or former home healthcare workers who worked in New York and worked in excess of 40 hours in any week, including at least one 24-hour live-in shift, between Jan. 1, 2015, and Oct. 12, 2015, and/or who worked 24-hour live-in shifts any time between Nov. 11, 2009, and Jan. 26, 2016.    
  • Class 4: Current and former home health care workers who started work in New York and/or Connecticut between Jan. 26, 2016, and Nov. 30, 2020.
Potential Award

Varies.

  • After attorneys’ fees and other costs are paid from the settlement fund, the remainder will be distributed to Class Members based on a number of factors, such as the number of hours the Class Member worked and the compensation they received.
  • Notices sent to Class Members showed an estimated amount they were eligible to receive; this amount was calculated by Class Counsel using payroll data provided by the defendants.
  • Individual awards may be higher than the estimated amount if members of Classes 2, 3, or 4 choose not to participate in the settlement.
Proof of Purchase

No proof of purchase is necessary.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/28/2021

Case Name

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

Final Hearing

08/24/2021

Settlement Website
Claims Administrator

Kinkead v. Humana Claims Administrator
c/o Settlement Services Inc.
P.O. Box 10269
Tallahassee, FL 32302-2269
855-948-1762

Class Counsel

Michael J.D. Sweeney
Artemio Guerra
GETMAN, SWEENEY & DUNN PLLC

Philip Bohrer
BOHRER BRADY LLC

Edward Tuddenham

Defense Counsel

David R. Golder
Noel Tripp
JACKSON LEWIS PC

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One thought on Humana Home Health Worker OT $17M Class Action Settlement

  1. Sylvia Mendoza says:

    Hi. My name is Sylvia Mendoza. I received a letter regarding the lawsuit. Was there any compensation awarded?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.