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.