Home Health Care Law

EMPLOYMENT ATTORNEYS FOR HOME HEALTH WORKERS IN PHILADELPHIA

Assisting Clients With Home Health Care Matters in Philadelphia

Many home health companies violate the wage and hour rights of their workers. Over the years, our firm has recovered unpaid wages for hundreds of home health employees.


Call Winebrake & Santillo today at (215) 866-1551 or contact us online to schedule a consultation with our employment lawyers for home health workers in Philadelphia.


Are You a Home Health Worker Owed Overtime Pay in Philadelphia or Pennsylvania?

Most Home Health Aids, CNAs, and Visiting Nurses are entitled to EXTRA OVERTIME PAY when they work over 40 hours per week.  Unfortunately, many agencies violate the overtime laws by:
 
  • Failing to count all time spent working;
  • Paying “straight-time” wages for hours worked over 40 per week;
  • Failing to combine all hours worked on behalf of multiple clients;
  • Lowering the pay rate during weeks in which overtime is worked;
  • Ignoring time spent traveling between clients; and
  • Failing to count time preparing reports and paperwork at home.
 
Overtime rights claims can be brought against current or former employers.
 

Home health aids, caregivers, certified nurse assistants (CNAs), visiting nurses, licensed practical nurses (LPNs), registered nurses (RN), and therapists are often paid an hourly wage (for example, $10 per hour) but do not receive extra “time-and-one-half” overtime pay when they work over 40 hours in a week. Instead, they get paid straight-time for their overtime work. This is almost always illegal.

Understanding Overtime Rights for Visiting Nurses and Therapists

Other home health workers — especially visiting nurses, LPNs, RNs, and therapists — are paid “by the visit.” These employees are led to believe that they are not entitled to overtime pay because they are not paid an hourly wage — this belief is often mistaken. In fact, many home health employees are entitled to overtime pay, even if they are paid by the visit.

In addition, many home health employees are not paid for the time they spend driving between clients’ homes or for the time they spend preparing charts or other paperwork from home at the end of the day. Employees are generally entitled to be paid for all client-to-client travel time and for time spent working from home.

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Client Testimonials

  • "Winebrake & Santillo has a considerable record in employment matters."
    Winebrake & Santillo has a considerable record in employment matters.
    - Ricci v. Newrez LLC, 2023 U.S. Dist. LEXIS 186727, at *23 (E.D. Pa. Oct. 17, 2023)
  • "Significant experience"

    Attorney Andy Santillo and his co-counsel are “patently qualified” attorneys who “have significant experience with wage payment and collections cases, knowledge of wage-and-hour law, and have clearly done significant work already in this case throughout discovery and the preparation of the motions and opposition papers now before the Court."

    - MARTINEZ V. AMAZON.COM SERVS. LLC, 2024 U.S. DIST. LEXIS 209566, *28, *42-43 (D. Md. Nov. 18, 2024)
  • "An established record"

    W&S and its co-counsel "have an established record of competent and successful prosecution of large wage and hour class actions."

    - Lapan v. Dick’s Sporting Goods, Inc., 2015 U.S. Dist. LEXIS 169508, *7 (D. Mass. Dec. 11, 2015)
  • "Experienced wage and hour class action litigators"

    W&S and its co-counsel "are experienced wage and hour class action litigators with decades of accomplished complex class action between them and that the Class Members have benefited tremendously from able counsel’s representation."

    - Craig v. Rite Aid Corp., 2013 U.S. Dist. LEXIS 2658, *45 (M.D. Pa. Jan 7, 2013)