By Laura Pennington  |  May 3, 2018

Category: Labor & Employment

Home care worker playing chess as part of senior in home care servicesA new lawsuit regarding senior in home care services has been filed against Home Helpers. The plaintiffs allege that the company, which provides senior in home care services, has violated the North Carolina Wage and Hour Act and the Fair Labor Standards Act (FLSA).

The plaintiffs allege, on behalf of themselves and other similar situated employees working for Home Helpers, that this class action lawsuit is associated with unpaid overtime wages, unpaid minimum wages and any statutory penalties, including liquidated damages against the company.

Lawsuits over improperly paid minimum wages or overtime wages not being paid at all have become more common in recent years. Many of these employees choose to file a class action lawsuit together.

Home Helpers provides senior in home senior care services from the primary location of Huntersville, N.C. Individuals and families contract with companies like Home Helpers to receive senior in home care services for on-site assistance and companion care for the infirm or the elderly.

Plaintiffs who came forward to file the senior in home care services lawsuits are in home caregiver employees for the defendants for the three years prior to the filing of their legal complaint.

The senior in home care services lawsuit says that the job duties of the plaintiffs included a number of different services to be provided to the clients, such as light housekeeping, meal preparation, transportation service, bill payments, airing services, linen washing and bed-making, bathroom assistance, incontinence care, assistance with dressing and more.

Employees were responsible for clocking in and out, using the telephone of the client specifically. The plaintiffs allege that there was no other way for them to properly record their hours, beyond using the client’s cell phone to clock in and out.

The plaintiffs claim that they and other employees in similar situations had to remain on-site with clients until another employee relieved them from that assignment. This meant that plaintiffs and other caregiver employees were often asked to work 24-hour shifts; in many situations, this came on consecutive days. The plaintiffs also state that they were not provided meal breaks beyond time for overnight sleep. The plaintiffs allege that this overnight sleep time was typically interrupted by the client.

The defendants allegedly allowed plaintiffs and other caregiver employees to sleep during their shifts as there was no agreement to exclude sleep time. Under the Fair Labor Standards Act, the lawsuit also alleges that the defendants did not provide appropriate sleeping facilities for the employees.

The lawsuit says that due to the in home care senior services provided by the employees, it was impossible to receive five hours of uninterrupted sleep while carrying out the number of different tasks assigned to them inside a client’s home. It also claims that the defendants willfully deducted sleep time from the plaintiffs’ calculation of hours worked despite the fact that employees were not able to use this for sleeping periods.

The Senior In Home Care Services Lawsuit is Case No. 3:17-CV-0073-FDW-DSC, filed in the United States District Court, Western District of North Carolina.

Join a Free Home Helpers Class Action Lawsuit Investigation

If you worked for Home Helpers and you believe your employee rights were violated, you may qualify to join this Home Helpers wage and hour class action lawsuit investigation.

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