Case Report: Massachusetts Superior Court Certifies Home Health Aide Class Action

On February 25, 2019, the Massachusetts Superior Court for Suffolk County certified three classes of home health aides in Portillo, et al., v. Compassionate Homecare Inc., et al., Case No. 17-0283A, an unpaid wage class action. Our law firm was appointed as class counsel for the employees.

In our motion for class certification, we argued that the employees had suffered similarly due to three different violations of the Massachusetts Wage Act:

  1. Employees worked more than 40 hours in a workweek and were not paid overtime wages for those overtime hours.
  2. Employees were not paid wages for the time between client appointments during the workday, or reimbursed for transportation expenses.
  3. Employees were not paid for all of their hours worked on the date of their termination.

The defendants opposed the motion, but the judge agreed with the employees and certified an Overtime Class, a Travel Class, and a Lay-Off Class.

If you worked for Compassionate Homecare between January 2011 and the present, or if you are an employee at a different company facing similar issues, feel free to contact us.