Home Attendant Service of Hyde Park Named in Wage and Hour Suit in New York

New to ClassAction.org? Read our Newswire Disclaimer

Home Attendant Service of Hyde Park, Inc. is the defendant in a proposed class and collective action brought by a former home health and personal care aide who claims she and hundreds of similarly situated home care workers are owed unpaid time-and-a-half overtime wages. The plaintiff, who the case says worked for the defendant until 2015, says she worked 61 hours during a typical week, yet was underpaid for every hour worked past 40. Per the example provided in the complaint, the plaintiff would normally be paid only $10 or $11 per hour for each hour worked beyond 40 in a week, which, given her regular rate of $10 per hour, is unlawful under the Fair Labor Standards Act (FLSA) and New York Labor Law, according to the case.

The lawsuit then presents the claim that the defendant delayed payment longer than is considered reasonable under the FLSA, stating the defendant lagged checks to its home care aides by seven days. 

“On each payday, [the plaintiff] was provided with a single paycheck that covered a two-week pay period, but Hyde Park lagged the checks by seven days, which meant that payment for the first week of the two-week period of work was delayed by 14 days,” the case explains.