Lawsuit Seeks to Address Attending Home Care’s Allegedly Illegal Pay Practices

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A New York woman’s proposed class and collective action alleges Attending Homecare Services LLC, which does business as Attending Home Care, has failed to pay its home health and personal care aides proper overtime wages. The 19-page lawsuit alleges, more specifically, that the defendant failed to pay the plaintiff overtime wages from January 1, 2015 through October 17, 2015, during which, the case says, the woman worked three 12-hour shifts per week with “one or more” additional 12-hour shifts tacked onto her regular schedule. Moreover, the case takes issue with the defendant’s alleged failure to pay mandatory spread-of-hours wages, which are owed under New York state law for shifts that last longer than 10 hours per day. 

The plaintiff later claims Attending Home Care, as a licensed home care services agency, violated New York’s Wage Parity Law, a rule the case notes was passed by the state’s legislature in 2011 that conditions Medicaid reimbursements for home healthcare services “upon a home health care agency’s certification that it” pays a defined minimum wage.