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