We are very pleased to announce that on May 24, 2018 the federal judge overseeing a lawsuit brought by Winebrake & Santillo and co-counsel Barrett Johnston Martin & Garrison LLC on behalf of home health workers issued its opinion on the parties’ cross motions for summary judgment. The Court granted the Plaintiff’s motion for summary judgment and held that Defendant’s hybrid pay practice in which it paid employees both on a fee basis and hourly basis violated the federal wage law. The Court also denied Defendant’s summary judgment motion as to whether the Plaintiff worked over 40 hours during the period in which she was paid a hybrid fee per visit and hourly amount.
This is a very significant development. A copy of the Court’s decision can be accessed here.