Published on:

Home Health Aides Settle Unpaid Overtime Class Action


While many companies might try to cut costs by forcing their employees to work unpaid overtime and/or “off the clock” they often end up paying for it in the end.

Recently, a class action lawsuit was settled against McMillan Home Care Agency on behalf of its home health aides. According to the lawsuit, the company allegedly refused to pay overtime to the approximately 1500 home health aides who claimed that they regularly worked 60 hours per week.

The agency denies the allegations but has decided to settle for $1.09 million in order to avoid going to court. In an interview in 2010, when the suit was first filed, Yvonne McMillan, the agency’s president, did not deny the charges in an interview with Crain’s New York Business. She said that employees were no longer working in excess of 40 hours per week.

The class action of workers and their attorneys will split the money. The settlement, approved last week by state Supreme Court Judge Paul Wooten, also prevents McMillan Home Care Agency from retaliating against employees who complain about wages and hours. Additionally, the agency is required to appoint an administrator to handle complaints about wages or reimbursement expenses.

The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases including overtime, breaks, vacation pay, and tips. Our offices are conveniently located in Oak Brook Terrace and Chicago, Illinois and we handle cases throughout Cook, DuPage, Kane, Will, McHenry and Lake Counties. If you believe you have been denied overtime wages, contact a Naperville Unpaid Overtime attorney attorney today at 312-869-4095 or fill out our online form.