Nearly 1,550 home health aides who worked for a New York home care agency between April 2004 and December 2011 will share a $1.1 million class action overtime lawsuit settlement, which was approved by New York Supreme Court Judge Paul Wooten and accepted by lead plaintiff Josefina Toledo Montero.
Current and former employees will receive a portion of the settlement based on the number of overtime hours that were not paid according to state law. McMillan’s is also required to appoint an administrated to handle reimbursement and wage complaints, Crain’s New York Business reported.
Bronx resident Venecia Gomez told Crain’s, “I worked for McMillan’s for about five years, but they never paid me overtime like they should have, even though they knew that I had children to take care of.” She said. “When I think about all those hours of work, I feel a lot better knowing that McMillan’s is going to pay overtime now.”
Previously, agency founder Yvonne McMillan told Crain’s that the business did not afford the company the means to pay overtime, saying “It’s no mystery in this industry.” She also said that employees no longer work overtime.