Case: Montero v. Mc Millan's Home Care Agency

10-104779 | New York state trial court

Filed Date: April 10, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 10, 2010, Plaintiff, represented by attorneys from the National Employment Law Project, filed a class action in the Supreme Court of the State of New York, County of New York, against Mc Millan's Home Care Agency ("Mc Millan"), and against its President and CEO. Plaintiff sought redress for systematic and class wide underpayment of minimum wages and overtime pay, and for unjust enrichment against Defendants. Defendant Mc Millan is a provider of home health care for the elderly and infi…

On April 10, 2010, Plaintiff, represented by attorneys from the National Employment Law Project, filed a class action in the Supreme Court of the State of New York, County of New York, against Mc Millan's Home Care Agency ("Mc Millan"), and against its President and CEO. Plaintiff sought redress for systematic and class wide underpayment of minimum wages and overtime pay, and for unjust enrichment against Defendants. Defendant Mc Millan is a provider of home health care for the elderly and infirm in and around New York City.

Specifically, Plaintiffs claimed that Defendants failed to pay Plaintiff and the class she seeks to represent for all wages due for work performed and overtime at not less than one and one-half (1-1/2) times the basic minimum hourly rate for all hours worked in excess of forty (40) hours in a workweek, and failed to pay the "spread of hours" premium required by the New York Labor Law and applicable regulations.

On behalf of the class, Plaintiff sought unpaid wages, actual, incidental, consequential and compensatory damages, pre-and post-judgment interest, and attorneys' fees and costs. Plaintiff also asked for injunctive relief on behalf of herself and the class.

On February 16, 2011, the Court (Judge Paul Wooten) assigned the case to mediation.

As of June 14, 2011, we have no further development of the case.

Summary Authors

Xin Chen (6/14/2011)

People


Attorneys(s) for Plaintiff

Amin-Giwner, Stephanie (New York)

Lamb, Christopher D. (New York)

Leberstein, Sarah (New York)

Ruckelshaus, Cahterine K. (New York)

Schoenfelder, Lindsey (New York)

Spanier, Judith L. (New York)

Attorneys(s) for Defendant

Adler, Russel E. (New York)

Reibstein, Richard J. (New York)

Attorneys(s) for Plaintiff

Amin-Giwner, Stephanie (New York)

Lamb, Christopher D. (New York)

Leberstein, Sarah (New York)

Ruckelshaus, Cahterine K. (New York)

Schoenfelder, Lindsey (New York)

Spanier, Judith L. (New York)

Attorneys(s) for Defendant

Adler, Russel E. (New York)

Reibstein, Richard J. (New York)

Documents in the Clearinghouse

Document

10-104779

Class Action Complaint

New York state supreme court

April 13, 2010

April 13, 2010

Complaint

10-104779

Answer

New York state supreme court

Oct. 20, 2010

Oct. 20, 2010

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 1, 2022, 3 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: April 10, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a home health care worker employed by Defendants to work in and around the city of New York to provide personal care and assistance to disabled and elderly clients of Defendants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Mc Millan's Home Care Agency, Private Entity/Person

President and CEO of Mc Millan's Home Care Agency, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Affected Gender:

Female

Male