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Comfort Keepers Case Summary

Case Summary:

This class action lawsuit is brought under the Pennsylvania Minimum Wage Act and seeks to recover unpaid back overtime pay on behalf of all home health aides or caregivers employed by Comfort Keepers in the state of Pennsylvania during the 3 year period prior to filing of the lawsuit.

Workers claim that Comfort Keepers paid its caregivers the same hourly rate for all hours worked each week (i.e. straight time) and failed to pay 1 and 1/2 times the regular hourly rate for all hours worked in excess of 40 per week. In fact, the employers Handbook required each caregiver to agree to the following statements: I understand that I am being employed to provide companionship services, as that term is defined by federal law. I understand that, under federal law, the Company is not required to pay the minimum wage or overtime (time and a half for hours over 40 in a week) to providers of companionship services.

While home health aides may be “exempt” from the overtime pay regulations under current federal law, such exemption is not adopted under Pennsylvania’s overtime pay laws – meaning home health workers in PA are required to be paid time and a half for all of their overtime hours. These important wage rights may not be given up or waived by “agreeing” to the terms contained in a handbook, policy manual or other contract.

The case seeks to recover unpaid back overtime wages for the period since January 4, 2012, along with prejudgment interest plus attorneys’ fees and expenses.

Client Reviews

★★★★★

A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.

★★★★★

After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.

★★★★★

We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.