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Bayada Home Health Care

Kennett et al., v. Bayada Home Health Care, Inc.

On July 21, 2014, we filed a class action Complaint against Bayada Home Health Care, Inc. (“Bayada”). The Complaint alleges that Bayada failed to pay proper overtime wages to all current and former employees working as home health workers such as certified nursing assistants, home health aides, or other similar jobs. The Complaint states that Bayada violated Colorado wage and hour laws by paying these employees at their regular rate of pay instead of their overtime rate whenever they worked overtime. The Complaint alleges that under Colorado state law, the home health workers should have received overtime pay calculated at one and one-half (1.5) times their regular hourly rate for all the hours they worked over forty (40) in a work week.

Type of Case

Unpaid Overtime Wages

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Additional Information

Is This Certified As a Class Action?

Not at this time. The Court has not yet decided whether to allow this lawsuit to proceed as a class action under state law. At an appropriate time, we intend to file a motion with the Court asking it to certify the lawsuit as a class action.

Who is Included?

The lawsuit is being brought on behalf of a proposed class consisting of all persons who are, or were, employed by Bayada Home Health Care, Inc. as non-exempt hourly paid employees working as home health workers (e.g., certified nursing assistants and home health aides) in Colorado since July 14, 2011.

How Do I Join This Case?

This case was brought as a class action, which means that if the court certifies the matter as a class action, all eligible home health care workers who were employed by Bayada in Colorado since July 14, 2011 will receive a notice of the lawsuit and will automatically be part of the case unless he or she decides to opt out of it.

Do I Have To Pay Anything?

No, you do not have to pay anything to our firm to be part of the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case. They typically last one to two years, but please check this page periodically for updates on the status of this case.

How Can I Help?

As part of our investigatory efforts, we are interested in speaking with other individuals who have worked for Bayada Home Health Care, Inc. as home health care workers, or other similar positions, and who were paid their regular rate of pay rather than one and one-half times their regular hourly rate for any hours they worked over forty (40) in a week since July 14, 2011. If you have any information that may assist us with this case or know of anyone else who might have any information, please contact our clerk on the case, Dan Burnett by email at dburnett@nka.com or call toll free at (877) 448-0492, ext. 219.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Dan Burnett by email at dburnett@nka.com or call toll free at (877) 448-0492, ext. 219.

Case Updates

  • September 28, 2015

    Home Care Workers Must Receive Overtime, Colorado Federal Judge Rules

    Home health care workers must receive overtime compensation under Colorado law, a federal judge ruled. The workers, who work inside the homes of sick and elderly clients, have long been the subject of dispute over their overtime status. The United States Supreme Court in 2007 ruled that such workers need not receive overtime under federal law. But certain states provide greater protection than federal law. Yesterday’s ruling centered on whether Colorado’s labor law provided such additional protection for home care workers. A class of home health care workers who did not receive overtime sued their employer, Bayada Home Health Care, arguing that Colorado law required time-and-a-half overtime compensation on all hours worked over 40 per week. Judge Christine Arguello ruled in favor of the employees, finding that Colorado’s labor laws required that overtime be paid if the worker is employed by a third-party business. The Court stressed that workers employed directly by an individual or family need not receive overtime.

    Counsel for the workers expressed satisfaction with the ruling. “Home health workers perform an important and difficult job providing personal and necessary care to the sick and elderly. They deserve the same protections as other workers, and we are pleased that the court agreed.”

    The case is Kennett v. Bayada Home Health Care, Inc., No. 14-cv-02005 (D. Colo. 2015). The workers are represented by Rachhana T. Srey and Adam Hansen of Nichols Kaster, PLLP.

    More information on this case can be viewed here.

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