Philadelphia, PA, November 17, 2016. Community
Legal Services of Philadelphia ("CLS") and Berger & Montague,
P.C. jointly announce a $586,000 settlement of a claim brought by
Plaintiff Jeniffer Santiago Rivera on behalf of a class of 268 home
health aides who alleged that they were denied overtime pay by
their employer, Vital Support Home Health Care Agency, Inc.
The lawsuit alleged that VSHHA did not pay its home health aides
overtime premiums for hours when they worked more than forty hours
in a workweek, as required by Pennsylvania state law. On November
1, 2016, Magistrate Judge Timothy R. Rice of the United States
District Court for the Eastern District of Pennsylvania issued an
order granting final approval of the settlement agreement. Class
members will receive close to 100% of their unpaid overtime
premiums as a result of the settlement.
"We are very pleased with the settlement," said Michael
Hollander of CLS, Co-Lead Counsel for the plaintiffs. "The home
care support that VSHHA aides provide to their elderly and disabled
clients is extremely meaningful, and they need to be fairly
compensated for their work. We appreciate that VSHHA worked with us
to help reach a successful resolution of the case at an early
Founded in 1966 by the Philadelphia Bar Association, CLS has
provided free civil legal assistance to more than one million
low-income Philadelphians and is nationally recognized as a model
legal services program. CLS's Employment Unit represents clients
with employment-related problems, including tackling barriers to
employment, seeking unpaid wages, and preserving jobs. The unit
advocates at the national and state levels on low-income workers'
"It was a privilege to work with CLS on this case," said Sarah
Schalman-Bergen of Berger & Montague, P.C., also Co-Lead
Counsel for plaintiffs. "Their commitment to assisting community
members who have been wronged and upholding federal and state
employment laws is inspiring. We are fortunate to be involved with
such an organization."
The national class action law firm Berger & Montague, P.C.
has offices in Philadelphia and Minneapolis and consists of more
than 60 attorneys who represent plaintiffs in complex and class
action litigation. The firm's attorneys have a long history of
successfully prosecuting employment law and unpaid wages cases.
"I am pleased with the outcome of the case," said Ms. Rivera. "I
am happy not only for me, I am happy that they helped hundreds of
people that were going through the same thing. The attorneys fight
for the good of the community. They went above and beyond. They
have impressed me."