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This settlement is closed!
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Always Home Care has agreed to pay $550,000 to resolve claims that they failed to pay their workers legal wages, including overtime.
The Always Home Care class action settlement benefits individuals who worked for Always Home Care as home health aides between Feb. 28, 2010 and Oct. 31, 2019.
Plaintiff Norbivi Nasimova filed her Always Home Care class action lawsuit in December 2019, alleging the home care provider violated the New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA) by failing to properly pay wages to their home health aides.
Nasimova reportedly worked for Always Home Care as a home health aide between May 2012 and March 2014. She claims that she almost always worked 24 hour shifts while staying overnight at the client’s house. Unfortunately during this time, the plaintiff was allegedly denied full regular wages and was only paid for 13 hours of work. Additionally, Nasimova says she was denied overtime wages when working more than 40 hours in a single workweek.
According to the former employee, the issue is widespread because other home health aides were not paid for the overtime hours they worked. She claims home health aides are owed time-and-a-half wages for overtime hours worked. However, Always Home Care allegedly failed to pay premium wages to Nasimova and other employees for the overtime hours they accumulated.
“Throughout the time period, such individuals have only been paid for 13 hours of work when they work a 24 hour overnight shift and were not paid for all of their hours worked during 24 hour assignments during which they were not able to get uninterrupted sleep, and have not been paid overtime premium wages of one and one half times their regular hourly rate (or at time and one half the minimum wage rate) for their overtime hours worked,” the Always Home Care class action lawsuit claims.
Always Home Care has not admitted any wrongdoing but has agreed to pay $550,000 to resolve the claims against them.
The Always Home Care class action settlement will provide compensation for a variety of wages including overtime, live-in shifts, minimum wage, training time, rest breaks, and more. Payment amounts will depend on the number of hours worked versus the amount of total hours worked by all Class Members. Payments will be proportional.
In order to benefit from the Always Home Care class action settlement, all Class Members must submit a consent to join form by Aug. 3, 2020. This form affirmatively opts a Class Member into the settlement and allows them to receive benefits.
After opting into the Always Home Care class action settlement, Class Members may be required to file a valid claim form by Aug. 3, 2020. Claim forms are only required for individuals who worked for Always Home Care between Feb. 28, 2010 and Dec. 31, 2010.
The deadline for exclusion and objection is Aug. 3, 2020. The final approval hearing for the Always Home Care class action settlement is Oct. 2, 2020.
Who’s Eligible
Individuals who worked for Always Home Care as home health aids between Feb. 28, 2010 and Oct. 31, 2019.
Potential Award
Payments of various amounts depending on the number of eligible hours worked versus the amount of total hours worked by all Class Members. Payments will be proportional.
Proof of Purchase
N/A
Claim Form
Class Members must submit a valid claim form if they worked for Always Home Care between Feb. 28, 2010 and Dec. 31, 2010.
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
8/3/2020
Case Name
Norbivi Nasimova v. Attentive Home Care Agency Inc. d/b/a Always Home Care, et al., Case No. 1:16-cv-01005-RPK-PK, in the U.S. District Court for the Eastern District of New York
Final Hearing
10/2/2020
Settlement Website
Claims Administrator
Nasimova v Attentive Home Care Agency Inc d/b/a Always Home Care, et al.
c/o Simpluris Inc.
P.O. Box 26170,
Santa Ana, CA 92799
(888) 369-3780
Class Counsel
William Coudert Rand
LAW OFFICE OF WILLIAM COUDERT RAND
Defense Counsel
Daniel S. Ruzumna
PATTERSON BELKNAP WEBB & TYLER LLP
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