McMillan’s Home Care Agency Settles Overtime Lawsuit

About 1,500 home health aides will be able to benefit from a $1.1 million settlement of a class-action suit alleging their employer failed to pay them overtime, even though many of them worked 60-hour weeks. It is the first lawsuit against a New York home care firm to successfully reach a class-wide settlement over violations of state wage and hour laws.

Current and former employees of New York City-based McMillan’s Home Care Agency will each get a share of the $1.1 million based on overtime hours that were never paid at the time-and-a-half rate that state law requires. McMillan’s is also prohibited from retaliating against employees who complain about wages and hours and will be required to appoint an administrator to deal with complaints about wages and expense reimbursements.

A recent National Employment Law Project study revealed that about 83 percent of home health aides surveyed reported overtime violations and about 84 percent said they worked “off the clock” without receiving proper pay.