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:
- 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.
- 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.
- 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:
- 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.
CHANGE OF INFORMATION FORM
April 29, 2021: Notice Packets were mailed to Settlement Class Members on April 29, 2021
November 30, 2021: Award Checks were mailed to eligible Class Members on November 30, 2021