Hundreds of employees are eligible to join lawsuit claiming agency failed to pay overtime

A Rochester-area home care agency is the target of a lawsuit claiming the agency failed to pay overtime. Employees of Angels In Your Home filed a suit last year claiming they were required to work more than 40 hours but were not paid proper overtime for those hours. Now, through a collective action, hundreds of employees who worked for the agency after Jan. 1, 2015, and were not paid overtime, can join the lawsuit.

The workers are represented by Ferr & Mullin P.C., and Cordello Law, PLLC. Justin Cordello of Cordello Law said there are about 1,000 employees throughout the Rochester and Finger Lakes region eligible to participate in the case. Employees worked for Angels In Your Home as home health care workers and home health aides.

In the lawsuit, the workers claim Angels In Your Home had a practice of requiring employees to work more than 40 hours in a work week but did not pay them proper overtime pay for those hours. The workers claim they should have been paid one and one-half times their hourly rate for overtime hours. These practices did not comply with the Fair Labor Standards Act, the suit alleges. The workers claim they are owed overtime payments, as well as additional damages that may be allowed under the law and attorneys’ fees.

For its part, Angels In Your Home claims “its pay policy complies with relevant laws,” according to the notice the court sent employees. Terence Robinson Jr. is the attorney representing Angels In Your Home. Robinson lost in a tight race this past fall against Brian Dennis for Ontario County Court judge. Robinson, who is with the law firm Boylan Code, declined to comment on the lawsuit.

According to the notice, the “Court has not decided whether Angels did anything wrong” — and there “is no money available now, and no guarantee there will be.”

The notice informed employees their legal rights may be affected, and they have a chance to join the lawsuit or do nothing. Those who opt in must postmark their consent by this July 25. Employees who do nothing will not share in any money or benefits if they are later rewarded; however, those employees keep any rights to sue Angels separately about the same legal claims in the lawsuit.

According to the New York State Department of Health, Angels In Your Home is a Licensed Home Care Services Agency operated by David J. Wegman in Hilton, Monroe County. The agency serves 10 counties including Monroe, Ontario, Wayne and Yates. Its services include home health aide, personal care and respiratory therapy.