A New York based home health agency is alleged to have violated the Fair Labor Standards Act (FLSA) and many other New York State labor laws. The agency, Chinese-American Planning Council Home Attendant Program, a non-profit, is alleged to have forced aides to work without overtime and for less than minimum wage beginning in 2009 up to the present. The current lawsuit is a class action suit brought by three former aides, all located within the New York City area.
The suit alleges that aides were not properly compensated for their time while being forced to work 24 hour overnight shifts. Additionally, for hours over 40 during a single week, overtime compensation was not paid, according to the suit. The suit goes on to contend that employees were not given proper pay stubs that included pay rates, pay periods or total hours worked.
Information about the class action suit establishes that 1,000 potential employees could be represented by the action. The action, should it be upheld in New York, could make a precedent for other home health aides who see retribution for a law that, until late last year, was not enforced. We will be keeping a close eye on this case for readers as well as any other developments that may occur from the FSLA overtime law.