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Kinkead v. Humana, Inc., et al. Case No.: 3:15-cv-01637(JAM)

The purpose of this website is to inform you of the Settlement of the above captioned lawsuit, and the terms of that Settlement that may affect you. This website will instruct you on the procedure for exercising your rights under the Settlement and how to receive money from the Settlement.

Read the information contained in this website carefully. For more information about which class you belong to, please refer to your Notice.  If you have not received a Notice, please contact the Claims Administrator.

FREQUENTLY ASKED QUESTIONS

Three home health care workers, Daverlynn Kinkead, Shirley Caillo, and Claude Mathieu, brought this lawsuit on behalf of themselves and on behalf of three groups of home health care workers employed by Defendants Humana, Humana at Home, Inc., SeniorBridge Family Companies (CT), Inc., and certain predecessor or affiliated entities.  Plaintiffs claimed that Defendants’ past pay practices failed to pay them and the three groups of home health care workers the wages required by federal overtime, Connecticut and New York law.  Defendants deny Plaintiffs’ allegations that they owe additional wages and instead contend that their pay practices comply the law.  In addition, Defendants allege that they continuously evaluate their pay practices to ensure compliance.  The three groups are as follows:

  1. Class 1:  Home health care workers who worked more than 40 hours a week and were not properly compensated for overtime hours under federal law during the period between January 1, 2015 and October 12, 2015.  This class was brought under federal law and workers had to affirmatively opt-into the case to be members of this class.  
  2. Class 2:  Current or former home healthcare workers who worked in Connecticut and worked in excess of 40 hours in any week between January 1, 2015 and October 12, 2015 and/or who worked 24-hour live-in shifts at any time between January 1, 2015 and January 25, 2016
  3. Class 3:  Current or former home healthcare workers who worked in New York and who worked in excess of 40 hours in any week including at least one 24-hour live-in shift between January 1, 2015 and October 12, 2015 and/or who worked 24-hour live-in shifts at any time between November 11, 2009 and January 26, 2016.    

As part of the Settlement a 4th Class raising the same claims has been added to the case:

  1. Class 4:  Current and former home healthcare workers who started work in New York and/or Connecticut at any time between January 26, 2016 and November 30, 2020.

The lawsuit was originally filed in November 2015.  After five years of litigation, both the Plaintiffs and the Defendants recognized that continuing to litigate this dispute involved great risks as it was uncertain whether Plaintiffs would win or lose their claims and, regardless of who won, there could be a delay of years before the case was resolved. Accordingly, the Plaintiffs and Defendants, with the assistance of their attorneys, agreed to a Settlement of their disputes that represents a compromise in the position of the Plaintiffs and the position of the Defendants.  

CLAIM FORM

The deadline to file a claim has passed.  If you wish to file a late Claim From please call the Administrator at 855-948-1762.

CHANGE OF INFORMATION FORM

  • IF YOU RECEIVED AN INDIVIDUALIZED NOTICE ADDRESSED TO YOU AND YOUR ADDRESS IS CORRECT ON THE NOTICE, YOU DO NOT NEED TO FILL OUT THIS FORM

    IF THE ADDRESS ON THE NOTICE IS INCORRECT OR IF THE PERSON TO WHOM THE NOTICE IS ADDRESSED HAS DIED, YOU SHOULD FILL OUT THIS FORM TO RECEIVE SETTLEMENT BENEFITS.


    General Instructions

    1. If your mailing address is different than the address listed on the Notice you should complete and mail, email, or fax this “Change of Information Form” postmarked on or before July 28, 2021. If you do not send back your Change of Information Form, payment could be delayed or sent to the wrong address.

    2. Final approval of the Settlement by the Court may take a significant period of time, as explained in the Notice. If you move after you receive the Notice, you should fill out this form within 14 days after moving to ensure you receive your Settlement Award.

    3. If the person to whom the Notice was directed has died and if you are the spouse, or estate representative, you should complete and form online or mail it in postmarked on or before July 28, 2021. You may be asked to submit additional documentation.

    4. Please make sure the information on this Change of Information Form is legible. We may need to contact you if we need additional information.

    5. Your completed Change of Information Form and documentation if required should be mailed, emailed, or faxed to:

    Kinkead v. Humana Claims Administrator
    c/o Settlement Services, Inc.
    P.O. Box 10269
    Tallahassee, FL 32302-2269


    6. Please check below to indicate the change you are reporting on this Form:
  • SECTION A


    Everyone who submits this Change of Information Form must complete Section A, noting any changes below. If you are the surviving spouse, or estate representative of the person to whom Notice was directed, you must also complete Section B.
  • SECTION B


    If the person to whom the Notice is directed has died, you must also complete the following additional information.

W-4 INFORMATION

  • Step 1: Enter Personal Information
  • (c)

  • Step 2: Multiple Jobs or Spouse Works
  • Complete this step if you (1) hold more than one job at a time, or (2) are married filing jointly and your spouse also works. The correct amount of withholding depends on income earned from all of these jobs.

    Do only one of the following.
    (a) Use the estimator at www.irs.gov/W4app for most accurate withholding for this step (and Steps 3-4); or
    (b)Use the Multiple Jobs Worksheet on page 3 and enter the result in Step 4(c) below for roughly accurate withholding; or
  • (c)If there are only two jobs total, you may check this box. Do the same on Form W-4 for the other job. This option is accurate for jobs with similar pay; otherwise, more tax than necessary may be withheld
  • Complete Steps 3-4(b) on Form W-4 for only ONE of these jobs. Leave those steps blank for the other jobs. (Your withholding will be most accurate if you complete Steps 3-4(b) on the Form W-4 for the highest paying job.)

  • Step 3: Claim Dependents
  • If your total income will be $200,000 or less ($400,000 or less if married filing jointly):
  • Multiply the number of qualifying children under the age 17 by $2,000
  • Multiply the number of other dependents by $500
  • Add the amounts above and enter the total here:

  • Step 4 (optional): Other Adjustments
  • (a) Other Income (not from jobs). If you want tax withheld from other income you expect this year that won't have withholding, enter the amount of other income here. This may include interest, dividends, and retirement income.
  • (b) Deductions. If you expect to claim deductions other than the standard deduction and want to reduce your withholding, use the Deductions worksheet on page 3 and enter the result here:
  • (c) Extra withholding. Enter any additional tax you want withheld each pay period.

  • Step 5: Sign Here

    Under penalties of perjury, I declare that this certificate, to the best of my knowledge and belief, is true, correct, and complete.
  • MM slash DD slash YYYY

UPDATES

April 29, 2021: Notice Packets were mailed to Settlement Class Members on April 29, 2021