Home Care Workers Win Class Certification in Wage Theft Suit

A home health care worker formerly employed by First Care of New York, Inc. won class certification allowing his lawsuit against the agency on behalf of hundreds of home health care workers to proceed. The worker, represented by MFY Legal Services and Abbey Spanier LLP, charges that the agency failed to pay him the required wages for his long hours, which regularly entailed working seven days a week, 12 hours a day – as many as 84 hours a week. In its decision, the Court noted the important policy considerations encouraging the use of class actions to keep the home care industry in compliance with the law respecting workers’ wages, observing that underpaying home health care workers “would have the effect of discouraging persons from entering into this important field in which members of the public do count on individuals to help care for their loved ones.” Click here for additional background.