FORT COLLINS, Colo. — A Home Health Aide (“HHA”) has filed a class action lawsuit against Maguire Senior Services, Inc. d/b/a Home Instead Senior Care #365 seeking wages for the overtime they worked when they provided care to at-home patients. The case alleges that Maguire failed to pay its HHAs at one and one-half their regular hourly rate of pay for all hours worked in excess of 40 hours for their workweek.
This action, supported by a recent federal case interpreting Colorado Minimum Wage Order Number 31, alleges that Maguire improperly classified its HHAs exempt from overtime payments under Colorado law. In that case, the Federal Judge concluded that the “only grammatically sound reading” of Wage Order 31 requires employers to pay its HHAs overtime.
Cheryl Fazzini v. Maguire Senior Services, Inc. d/b/a Home Instead Senior Care #365, Court File No. 2015-CV-31052, was field in the District Court in Larimer County.
If you believe your employer has failed to properly pay you what you have earned, you should contact an attorney that specializes in wage and hour claims at (855) 754-2795.