New York, NY – On January 31, 2024, Federal Court Judge Stewart D. Aaron of the Southern District of New York granted final approval of a $5,035,000 settlement for home health aides who worked for Avondale Care Group, LLC. Plaintiffs are represented by Getman, Sweeney & Dunn and Bohrer Brady.
The case was brought by three home health aides who worked 24-hour shifts for Avondale Care Group, LLC. The home health aides alleged that Avondale paid them for only 13 hours of a 24-hour shift and deducted time for 3 one-hour meal breaks and an eight-hour sleep period, even though they had to work through their breaks in order to care for their patients. Plaintiffs also brought claims under New York State Labor Laws. Avondale denies these claims and the case was settled without an admission of liability.
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This settlement means that over 700 home health aides will receive back pay.
Home health aides are primarily women and immigrants who are typically paid the minimum wage, despite their important work. The settlement not only provides financial redress for the home health aides, but it also sends a message to the industry about holding employers accountable.
“We commend the strength and the courage of the plaintiffs who stepped up to seek justice for themselves and for other home health aides,” said attorney Matt Dunn. “All workers deserve to be treated with dignity, respect, and fairness.”
The home health aide industry is one of the fastest growing industries in the U.S. with over 600,000 home health aides nationwide. There are rampant pay violations throughout the home health care industry.
“Home health aides are the backbone of the care network that so many of us must rely on to take care of our sick or elderly family members when we cannot,” says Karen Kithan Yau, lead attorney for plaintiffs. “And yet the agencies that employ them pay the home health aides for only 13 hours but expect them to work through their meal and sleep breaks during 24-hour shifts. That is not only unlawful; it is unjust.”
