Abraham and Sylvester v. Promise Home Care Agency, Inc. Case No.: 18-cv-04502

New Collective Action filed in the Southern District of New York
Abraham and Sylvester v. Promise Home Care Agency, Inc. Case No.: 18-cv-04502

On May 21, 2018, Lead Plaintiffs, Ms. Abraham and Ms. Sylvester, on behalf of themselves, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit against Promise Home Care Agency, Inc. The complaint alleges as follows:

Plaintiffs have worked for Defendant – a home health care staffing agency – as in-home caregivers from February and April 2017, respectively, to the present. Both Plaintiffs’ primary duties as caregivers consisted of performing manually laborious tasks in providing services for the infirm, such as doing laundry, preparing meals, feeding, grooming, bathing, and accompanying patients to doctor’s appointments, and running other errands for patients. Defendant required both Plaintiffs to work over forty hours each week or virtually each week. However, for each workweek that Plaintiff Abraham worked, Defendant paid and continues to pay Plaintiff Abraham at the rate of $32.00 per hour for all hours worked. Similarly, for each workweek that Plaintiff Sylvester worked, Defendant paid and continues to pay Plaintiff Sylvester at the rate of $27.00 per hour for all hours worked. Thus, Defendant failed and continues to fail to pay Plaintiffs at their respective overtime rates of time and one-half their regular rates for any hours that Plaintiffs worked over forty in a workweek. By choosing to pay Plaintiffs at their straight-time ratees of pay for all hours worked each week, including those in excess of forty, Defendant violated and continues to violate Plaintiffs’ rights guaranteed to them by the overtime provisions of the Fair Labor Standards Act, the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations. Additionally, Defendant has failed to provide Plaintiffs with accurate wage statements on each payday or with accurate wage notices at their time of hire displaying their overtime rates of pay, and further failed to pay Plaintiffs, manual workers, all of their earned wages on at least as frequently as a weekly basis, all as the NYLL requires.

If any individual is or has previously been an employee for the Defendant named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible.