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Persaud and Benices Infante v. Tri-Med Home Care Services, Inc., and Vinod Sinha, Case No. 15-cv-04341

New Collective Action filed in the Eastern District of New York

Persaud and Benices Infante v. Tri-Med Home Care Services, Inc., and Vinod Sinha, Case No. 15-cv-04341

On July 21, 2015, Lead Plaintiffs Persaud and Benices Infante, on behalf of themselves and those similarly situated, filed a class and collective action lawsuit in the United States District Court – Eastern District of New York vs. Tri-Med Home Case Services, Inc., and Vinod Sinha. The complaint alleges as follows: Ms. Persaud worked for Defendants beginning on or around February 23, 2014 as a human resource associate in Defendants’ Human Resources Department. Plaintiff Persaud was working around fifty-seven hours a week. Additionally, Plaintiff Persaud was “on call” two or three days a week and, as such, while she was on call, Plaintiff Persaud worked a minimum of sixty-seven hours each week. Plaintiff Infante worked for Defendant beginning on or around March 21, 2015 as a home health aide coordinator. For the first six weeks of her employment, Plaintiff Infante was required to attend training sessions that totaled thirty-six hours; Plaintiff Infante was paid a total sum of $250.00 which amounts to an hourly rate of $6.94, below minimum wage. Plaintiff Infante began working for Defendants full time on April 27, 2015. Plaintiff Infante was working a minimum of fifty-seven hours a week without an uninterrupted break. In addition to her regularly scheduled hours, Plaintiff Infante was an “on call” employee in which she worked a total of sixty-seven hours during the week. When Plaintiff Infante complained about wage and hour problems, she was terminated the same day. Defendants failed to pay Plaintiff Infante any rate of pay during certain hours of her employment. Furthermore, Defendants failed to pay Plaintiffs the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that they worked per week over forty hours as the New York Labor Law, New York Compensation Codes Rules and Regulations, and the Federal Fair Labor Standards Act require. In addition, Defendants failed to furnish Plaintiffs with accurate wage statements on each payday, or with proper wage notices on an annual basis as required by the New York Labor Law.

If any person worked for the defendants named in the lawsuit during the time period of July 21, 2009 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible by calling  (516) 248-5550, (516) ABOGADO, and/org (212) 679-5000.

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