Gedeon v. Valucare, Inc.; Civil Case No.: 19-cv-06954

New Action filed in the Eastern District of New York

Gedeon v. Valucare, Inc.; Civil Case No.: 19-cv-06954 

On December 11, 2019, Plaintiff Gedeon, on behalf of herself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Eastern District of New York VALUCARE, INC. (“Defendant”), alleging as follows:

Plaintiff worked for Defendant – – a Long Island and Brooklyn-based home healthcare staffing agency – – as a home health aide coordinator from September 28, 2014 to the present.   As described below, throughout the entirety of her employment, Defendant failed to pay Plaintiff all of the wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, Defendant scheduled Plaintiff to work forty hours in a week and further required her to work at least two and sometimes three approximately sixteen-hour overnight on-call shifts per week, and sometimes an additional twenty-four-hour overnight on-call shift on Sundays, for an additional thirty-two to seventy-two hours of work per week. Yet Defendant paid and pays Plaintiff at her regular hourly rate for most, but not all, of the hours that Plaintiff worked and works during her regularly scheduled shifts in a week, and nothing for the rest of those hours.  Thus, Defendant has failed to compensate Plaintiff at the statutorily-required overtime rate for all hours that she has worked and works in excess of forty in a week or at least at the statutorily-required minimum wage rate for all hours worked, in violation of the FLSA and the NYLL, and has failed to pay Plaintiff all of her earned wages in a timely manner, in violation of the NYLL.

Defendants paid and treated all its home health aide coordinators in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendant pursuant to the collective action provisions of the FLSA, on behalf of herself and on behalf of all others similarly-situated who suffered damages because of Defendant’s willful violations of the law.

If any individual is or has previously been an employee of the Defendants 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 through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.