Top Class Actions  |  June 25, 2020

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

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

CLICK HERE TO FILE A CLAIM »

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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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.