Rivera v. Vital Support Home Health Care Agency, Inc. – Unpaid Overtime Settlement

Berger Montague served as co-lead counsel and obtained a $586,000 settlement in this wage and hour lawsuit against Vital Support Home Health Care Agency, Inc. (“Vital Support”) on behalf of approximately 230 individuals employed in the United States as Home Health Aides during the time period at issue. Led by Shanon J. Carson and Camille Fundora Rodriguez of Berger Montague, the plaintiffs brought this unpaid overtime case alleging violations of the federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and Pennsylvania Labor Laws. The case was litigated in the United States District Court for the Eastern District of Pennsylvania and was captioned Rivera v. Vital Support Home Health Care Agency, Inc., No. 2:15-cv-04857-GEKP (E.D. Pa.)

The plaintiffs were non-exempt, hourly paid Home Health Aides employed by Vital Support to provide home care support and services to elderly and disabled clients. Vital Support required Home Health Aides to complete a mandatory training program and travel between clients homes. However, Vital Support failed to pay Home Health Aides for their travel time or training time. Plaintiffs routinely worked well over forty (40) hours per workweek, throughout the duration of their assignments, and were paid only a straight hourly rate, with no overtime pay for hours worked in excess of forty. Plaintiffs primarily claimed that they were not paid overtime at a rate of time and-one half their regular hourly rate when they worked more than forty (40) hours per week in violation of the FLSA and Pennsylvania laws. The settlement resolved the claims alleged in the action.

If you have experienced unpaid wages, unpaid overtime compensation, unreimbursed business expenses, or other wage and hour violations under federal or state laws by your employer, please contact Berger Montague. Our award-winning employment lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.