Filed Date: April 10, 2010
Case Ongoing
Clearinghouse coding complete
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)
Amin-Giwner, Stephanie (New York)
Lamb, Christopher D. (New York)
Leberstein, Sarah (New York)
Adler, Russel E. (New York)
Reibstein, Richard J. (New York)
Last updated Aug. 30, 2023, 1:31 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
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):
Attorney Organizations:
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):
Case Details
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Affected Sex/Gender(s):