Winebrake & Santillo Winebrake & Santillo

Home Health Wage & Overtime 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.

Home Health Worker Case Studies in Pennsylvania & Nationwide

Here are a few examples of our firm’s successes in representing home health employees: 

  • $300,000 for home health aides and CNAs employed by a Pittsburgh, PA home health company
  • $3 million for visiting nurses employed by a multi-state company
  • $24,300 for a home health aide in Lebanon County, PA
  • $2.34 million for Pennsylvania home health aides and CNAs employed by a national home health provider
  • $145,000 for home health aides employed by a Luzerne County, PA home health company
  • $40,000 for employees of a Bucks County, PA home health company
  • $67,500 for a group of behavioral therapists working for a Montgomery County, PA psychiatric care provider
  • $60,000 for caregivers employed by a Gaithersburg, MD home health company
  • $90,000 for case managers employed by a Chester County, PA mental health provider
  • $125,000 for a group of Allentown, PA home health aides

How Our Attorneys Can Help You

We can assist you by:

  • Navigating Employment Disputes: Home health care workers often face unique challenges in their employment. Whether you are dealing with unpaid wages, wrongful termination, or disputes over working hours, we are equipped with the knowledge and experience to handle these issues effectively.
  • Ensuring Fair Compensation: One of the critical issues facing home health care workers is fair compensation. Many workers in this field may not receive proper payment for overtime hours, or they may be misclassified as independent contractors when they should be considered employees.
  • Protecting Your Working Conditions: Home health care workers must maintain a safe and respectful working environment. If you are experiencing unsafe working conditions, harassment, or discrimination, it is important to address these issues promptly.
  • Addressing Wrongful Termination: Being terminated from your job can be a distressing experience, especially if you believe the termination was unjust or retaliatory. Wrongful termination claims can be complex, requiring a thorough understanding of employment laws and the specific circumstances surrounding your case.
  • Advocating for Your Rights: Advocacy is at the core of what we do. Home health care workers often have to fight for their rights in a system that can be challenging to navigate. We are dedicated to providing strong legal representation and ensuring that your voice is heard. 

Contact Our Employment Lawyer for Home Health Workers in Philadelphia Today

Winebrake & Santillo is here to help you address your legal challenges and protect your rights. Contact us today to schedule a consultation with our employment attorneys for home health workers in Philadelphia. We are committed to providing you with the expert legal guidance and support you need to resolve your employment issues effectively. Let us help you achieve the fair treatment and justice you deserve professionally.

At Winebrake & Santillo, our lawyers are dedicated to protecting the rights of workers and helping them get the compensation they deserve. For more information, call (215) 866-1551 or contact us online.

  • “Significant experience” - MARTINEZ V. AMAZON.COM SERVS. LLC, 2024 U.S. DIST. LEXIS 209566, *28, *42-43 (D. Md. Nov. 18, 2024)
  • “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)
  • “Have significant experience in similar matters under the [Pennsylvania Minimum Wage Act]” - Torres v. Brandsafway Indus. LLC, 2023 U.S. Dist. LEXIS 10631, at *8 (W.D. Pa. Jan. 20, 2023).