Beranbaum Menken LLP is at the forefront of the fight to get home health aides who work 24 hour shifts all the wages they are entitled to by law. Many home care agencies pay their aides a flat rate for a 24 hour shift which is less than the minimum wage. Even if a union’s collective bargaining agreement (CBA) endorses this practice, it is still against the law.
Despite this, some agencies try to avoid responsibility for underpaying their workers by asking the court to dismiss the case because of the CBA. Beranbaum Menken recently prevailed on this issue in Brooklyn Supreme Court, where Justice Nancy Bannon denied a motion by Project O.H.R. to dismiss a case seeking pay for 24 hour shifts. Project OHR had unsuccessfully argued in another case that the CBA required a home attendant’s lawsuit be dismissed; Justice Bannon held that since OHR made the argument once and lost, it couldn’t try it again in a different case. The case will proceed on the home attendant’s claims that if you work 24 hours, you should be paid for 24 hours.