LOS ANGELES, CA — Thousands of current and former home health care workers hired by Los Angeles County have filed an enormous class action unpaid overtime lawsuit against the municipality and the state of California over claims that the defendants failed to properly compensate workers for all their time on the job. An estimated 169,000 workers may be eligible to join the claim, after a federal judge ruled the complaint may move forward as a class action to allow all similarly affected workers to join together and recoup their unpaid wages. The complaint seeks back pay, interest, liquidated damages, and attorney’s fees to cover the cost of litigation to recover the wages for the class who only recently gained overtime pay protections under the law after years of being forced to work without overtime.
According to the lawsuit, filed in United States District Judge of the United States District Court for the Central District of California, workers employed under the state’s In-Home Supportive Services (IHSS) program did not receive one and a half times their average hourly rate of pay for overtime hours. The federal Fair Labor Standards Act (FLSA), sets a 40-hour overtime threshold, after which employers must pay workers one and a half times the average hourly rate of pay, which includes both hourly wages, bonuses, and other compensation.
Los Angeles County attempted to have the claims thrown out, claiming it should not be held liable for a program administered by the state, the judge hearing the case ruled the county was a joint employer under federal law and cannot skirt liability. The judge’s ruling noted, “While the court is sympathetic to the apparent inequity of making the county liable for overtime payments that the state directed that the counties not provide until Feb. 1, 2016, through a payroll system controlled and administered by the state, that inequity does not overcome the…factors that weigh in favor of denying Eleventh Amendment immunity to the county.”
Home Health Care Worker Unpaid Overtime Lawsuit
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.