University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Montero v. Mc Millan's Home Care Agency EE-NY-0262
Docket / Court 104779/2010 ( State Court )
State/Territory New York
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Attorney Organization Legal Services/Legal Aid
Case Summary
On April 10, 2010, Plaintiff, represented by attorneys from the National Employment Law Project, filed a class action in the Supreme Court of the State of New York, County of New York, against Mc Millan's Home Care Agency ("Mc Millan"), and against its President and CEO. Plaintiff sought redress ... read more >
On April 10, 2010, Plaintiff, represented by attorneys from the National Employment Law Project, filed a class action in the Supreme Court of the State of New York, County of New York, against Mc Millan's Home Care Agency ("Mc Millan"), and against its President and CEO. Plaintiff sought redress for systematic and class wide underpayment of minimum wages and overtime pay, and for unjust enrichment against Defendants. Defendant Mc Millan is a provider of home health care for the elderly and infirm in and around New York City.

Specifically, Plaintiffs claimed that Defendants failed to pay Plaintiff and the class she seeks to represent for all wages due for work performed and overtime at not less than one and one-half (1-1/2) times the basic minimum hourly rate for all hours worked in excess of forty (40) hours in a workweek, and failed to pay the "spread of hours" premium required by the New York Labor Law and applicable regulations.

On behalf of the class, Plaintiff sought unpaid wages, actual, incidental, consequential and compensatory damages, pre-and post-judgment interest, and attorneys' fees and costs. Plaintiff also asked for injunctive relief on behalf of herself and the class.

On February 16, 2011, the Court (Judge Paul Wooten) assigned the case to mediation.

As of June 14, 2011, we have no further development of the case.

Xin Chen - 06/14/2011


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Defendant-type
Hospital/Health Department
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) Mc Millan's Home Care Agency
President and CEO of Mc Millan's Home Care Agency
Plaintiff Description Plaintiff is a home health care worker employed by Defendants to work in and around the city of New York to provide personal care and assistance to disabled and elderly clients of Defendants.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Class Action Complaint 04/13/2010
EE-NY-0262-0001.pdf | Detail
Document Source: State Court Website
Answer 10/20/2010
EE-NY-0262-0002.pdf | Detail
Document Source: State Court Website
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Amin-Giwner, Stephanie (New York)
EE-NY-0262-0001
Lamb, Christopher D. (New York)
EE-NY-0262-0001
Leberstein, Sarah (New York)
EE-NY-0262-0001
Ruckelshaus, Cahterine K. (New York)
EE-NY-0262-0001
Schoenfelder, Lindsey (New York)
EE-NY-0262-0001
Spanier, Judith L. (New York)
EE-NY-0262-0001
Defendant's Lawyers Adler, Russel E. (New York)
EE-NY-0262-0002
Reibstein, Richard J. (New York)
EE-NY-0262-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -