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Great Lakes Caring

This lawsuit seeks to recover unpaid overtime compensation for home health workers employed by a Michigan-based company called Great Lakes Caring. According to the lawsuit, Great Lakes Caring violated federal law by failing to pay home health workers extra overtime compensation for hours worked over 40 per week. Great Lakes Caring denies violating any laws. You can learn more about this lawsuit below.

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Case Updates

Jan 23, 2017

Today, our firm, along with co-counsel Barrett Johnston Martin & Garrison LLC, started this collective action lawsuit by filing a Complaint in the Federal Court in the Eastern District of Michigan. The lawsuit is brought on behalf of all current or former home health workers employed by Great Lakes Caring since January 23, 2014 who were paid, in part, on a per-visit basis. Great Lakes Caring paid home health workers a combination of (1) per-visit flat fees; and (2) hourly payments based upon the duration of tasks. The lawsuit alleges that Great Lakes Caring failed to pay home health workers paid on this basis any overtime premium compensation for hours worked over forty in a week and, therefore, violated the federal Fair Labor Standards Act (FLSA). It is anticipated the Great Lakes Caring will deny that it violated the law. You can access the Complaint below.

Apr 21, 2017

Today, the defendants filed a motion seeking to dismiss the lawsuit alleging that the claims of the home health worker who originated the lawsuit fall outside of the applicable two-year statute of limitations period. You can access the motion below.

May 12, 2017

Today, our firm filed a motion in opposition to Great Lakes Caring’s motion to dismiss. You can access the motion below.

Jun 8, 2017

Today, the defendants filed a motion to strike the consent form filed by a former individual employed as a Registered Nurse (R.N.) Case Manager who joined this case. To date, two individuals have joined this case. You can access the motion below.

Jun 22, 2017

Today, our firm filed a response to the defendants’ motion to strike the consent form. You can access the response below.

Aug 2, 2017

Today, the Judge entered an order dismissing the claims of the home health worker who originated the lawsuit, reasoning that he claims are barred by the applicable statute of limitations. We are considering appealing the Judge's decision. Also, the Judge's decision did not address the legal claim of a second home health worker who joined the lawsuit.

Aug 15, 2017

Today we re-filed this case on behalf of all current or former home health workers employed by Great Lakes Caring since August 15, 2015 who were paid, in part, on a per-visit basis. A copy of the newly filed Complaint is below. It is expected that the Defendant will deny that its pay practices violate the law.

Sep 22, 2017

Today, the Defendant filed an Answer to the re-filed Complaint. In the Answer, Defendant denies violating the law and asserts that its pay practices are legal. You can access the Answer below.

Sep 28, 2017

Today the federal Judge overseeing this lawsuit scheduled an in-person conference for October 30, 2017. A copy of this order can be accessed below. It is expected that the Judge will set a schedule for this litigation at that time.

Oct 30, 2018

Today we participated in an in-person conference in Detroit Michigan with the federal judge assigned to this case. At the conclusion of this conference, the Court issued a preliminary scheduling order which can be accessed below.

Jan 22, 2018

Today the parties filed cross-motions for summary judgment which can be accessed below. The summary judgment motion filed by the Plaintiff asked the Court to hold that Defendant's policy of hybrid method of paying home health employees on both a fee basis and hourly basis violates federal wage law. Defendant's motion argues that the Plaintiff never worked over 40 hours in a week while she was paid under this hybrid system. It is expected that the Court will rule on these motions in the next few months.

Feb 22, 2018

Today we filed our opposition to Defendant's motion for summary judgment. A copy of this filing is available below.

Apr 26, 2018

Today the federal judge in Detroit, Michigan held oral arguments on the parties' cross motions for summary judgment. We expect the Court to rule on these motions in the coming weeks.

May 24, 2018

We are very pleased to announce that the federal judge overseeing this lawsuit issued his 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 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. A copy of this opinion is posted below. This is a very positive development for our case.

Jun 5, 2018

Today we filed two motions with the Court. The first motion is for conditional certification and asks the Court to order the Defendant to provide a list of employees who were paid under the hybrid hourly and fee per visit pay system during the last three years so that then can be mailed a notice informing them of this lawsuit and their right to participate in it. Just last month the Court held that Defendant violated the federal wage law by paying its home health workers under this system. The second motion asked the Court to toll the statute of limitations for potential members of the FLSA collective. A copy of both of the motion packages are available below. It is expected that the Court will rule on these motions in the next few months.

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