Lawsuit: Company ignored wage law

July 28, 2008 10:32 am

- By TESA CULLI
tesa.culli@register-news.com
CHICAGO - A class-action lawsuit has been filed against Help at Home, Inc., alleging the company has failed to pay employees the new minimum wage which went into effect on July 1.
The lawsuit covers, "All persons employed by defendant as Home Care Assistant and who performed work for defendant on and after July 1, 2008, who did not receive at least $7.75 for each hour worked and for which they were entitled to be paid at least $7.75 per hour," the lawsuit states.
The action was taken by a group of home care assistants in Chicago and on behalf of all other employees of Help at Home throughout the state. The company has 26 offices statewide, including Mt. Vernon, Springfield, Fairview Heights, Galesburg, Joliet, the Quad Cities, Pekin and Chicago.
Help at Home provides companion services to the elderly and/or handicapped persons in their homes. The main office of the company is in Chicago, where the lawsuit was filed.
According to the lawsuit, the persons who were not paid minimum wage provided services such as routine cleaning and housekeeping, preparing meals and non-medical personal care such as shaving, teeth cleaning and dressing of clients, and accompanying clients to medical appointments, on errands and shopping trips.
"From July 1, 2008, to the present, the defendant paid plaintiffs less than $7.75 for each hour plaintiffs worked and for which plaintiffs were entitled to receive at least $7.75 per hour," the lawsuit alleges. "Class members are and were compensated under the same system of pay, and defendant failed to pay all class members at least $7.75 for each hour they worked. ..."
The lawsuit has been filed as a class action, due to the more than 3,500 employees who work as home care assistants throughout Illinois, and the number of people who are allegedly affected by the lawsuit are "so numerous that joinder of all members is impractical. ... A class action would be far more efficient; and economical than numerous individual actions."
The lawsuit asks the court to order Help at Home to pay all members of the class action lawsuit unpaid wages including the difference between what they were paid and the $7.75 per hour in which they were entitled after July 1; that Help at Home be ordered to pay all parties of the lawsuit liquidated damage on compensation owed; order the business to pay all payroll taxes required by law; pay the costs of bringing the lawsuit including attorney's fees; order the company to comply with the Illinois minimum wage law; and to grant such relief as "just and proper."

Copyright © 1999-2008 cnhi, inc.