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This class action seeks to recover unpaid overtime wages for homecare workers who worked for several Comfort Keepers franchises operating in Philadelphia, PA and the surrounding areas. In general, homecare workers have very difficult jobs. They often are referred to as home health aids, HHAs, certified nurse assistants, or CNAs. This lawsuit, which is going forward at the American Arbitration Association (AAA), asserts that homecare workers are entitled to extra overtime pay when they work over 40 hours per week. CK Franchising (which owns the Comfort Keepers brand) and Salman Corp. (the local franchisee) are referred to below as "Comfort Keepers" and have denied any wrongdoing. The arbitrator has not yet decided who will win.
You can learn more about the lawsuit below. Also, please call us at (215) 884-2491 if you have any questions or desire additional information.
Aug 5, 2015
Today, we started this class action lawsuit in the Philadelphia Court of Common Pleas. As summarized above, the lawsuit alleges that Comfort Keepers has failed to pay certain homecare workers overtime premium compensation for hours worked over 40 per week. The lawsuit alleges that the Pennsylvania Minimum Wage Act (PMWA) entitles Pennsylvania homecare and home health workers to overtime pay.
Oct 26, 2015
Today, lawyers for Salman Corp. (the local Comfort Keepers franchisee) filed a motion to compel arbitration.
Jan 8, 2016
Today the Philadelphia Court of Common Pleas entered an order granting Salman Corp.’s motion to compel arbitration. So this lawsuit will go forward at the American Arbitration Association.
Jan 22, 2016
Today we initiated arbitration proceedings with the American Arbitration Association asserting class action claims against Comfort Keepers.
Nov 23, 2016
Today, AAA Arbitrator Edith Dinneen issued an order denying Comfort Keepers' request to stay the arbitration proceedings. We are very pleased with this ruling. A copy of Arbitrator Dinneen’s order is available below.
Apr 8, 2017
Today, AAA Arbitrator Edith Dinneen issued a decision rejecting Comfort Keepers' argument that our client is prohibited from trying to bring her legal claim as a "class action" on behalf of other homecare workers. A copy of Arbitrator Dinneen’s order is available below.
Jul 17, 2017
Today, AAA Arbitrator Edith Dinneen issued an order allowing discovery to proceed as to whether Salman Corp. paid any overtime pay to its homecare employees and CF Franchising is a “joint employer” with Salman Corp. A copy of Arbitrator Dinneen’s order can be accessed below.
Oct 23, 2017
Today, Judge Joseph A. Smyth of the Montgomery County Court of Common Pleas issued an important Opinion explaining why it has not allowed Comfort Keepers to halt the AAA arbitration proceedings and prevent the arbitration from going forward as a class action. A copy of the Judge's Opinion is available below.
Oct 26, 2017
Today, the Philadelphia Legal Intelligencer published a news article about the Opinion issued by the Montgomery County Common Pleas Court. Here is a link to the article: https://www.law.com/thelegalintelligencer/sites/thelegalintelligencer/2017/10/25/court-likens-health-care-co-s-bid-to-avoid-class-arbitration-to-forum-shopping/