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Overtime Pay Lawsuits
Overtime Pay Lawsuits
10 May 2017

NEW YORK — A New York state appeals court recently handed down a significant ruling in a class action unpaid overtime lawsuit brought by in-home nurses seeking to recover wages for all their time spent in clients’ homes while on-call. Employment experts watching the case expect the claim to proceed all the way to the state’s Court of Appeals in what will likely set an important precedent for the home health care industry and perhaps even nationwide.

The plaintiffs filed their lawsuit under provisions of the New York Labor Law holding sleep in-home nurses must be paid one and a half times their regular hourly rate of pay when working more than 40 hours a week in a patient’s home. Under the NYLL, only “residential employees” employed directly by the patient are exempt from overtime under certain circumstances.

A five-judge panel on the First Department of New York’s Appellate Division unanimously ruled against the defendant’s motion to dismiss the case, ruling the 12 NYCRR § 142-2.1(b) holds  in-home nurses must be paid overtime for hours spent on-call. The defendants argued the plaintiffs were residential nurses not contracted through a private third party, but the court accepted the plaintiff’s assertion workers had standing to sue because the defendant, Human Care, help contract with the state.

Future of in-Home Nurse Care in New York

 Experts keeping an eye on the case believe the claim could radically reshape the in-home nursing care industry in New York, perhaps permanently, if the state Court of Appeals upholds the Supreme Court’s rulings. Should overtime expansion for in-home nurses expand, workers would be eligible to earn extra pay for 11 hours per 24-hour shift, plus overtime, and spread of hours pay.

The plaintiffs could be eligible to recover six years of back pay as well as liquidated damages, interest on back pay, and attorney’s fees to cover the cost of litigating the suit. Workers employed as in-home nurses believing they are the victims of wage theft should speak to an experienced overtime pay lawsuit attorney about their case.

In-Home Nurse Overtime Pay Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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