White Rose Home Care Agency, LLC (Hourly-Paid Healthcare Workers)
Defendants White Rose Home Care Agency, LLC (“White Rose”) and Jodyann Prendergast (“Ms. Prendergast”) (collectively, the “Defendants”) provide clients in-home healthcare services by sending healthcare workers (i.e., home health aides) to client homes to provide life services including, but not limited to, changing clients, bathing clients, cooking and feeding clients, managing client prescriptions, and taking clients shopping. Defendant Prendergast is named in this action as the owner and operated of White Rose who directly or indirectly implemented the hours and pay practices of White Rose.
Position(s): Hourly-Paid healthcare workers.
Time Period: July 19, 2020 to the present.
The Claims in the Lawsuit
The Complaint alleges Defendants violated the Fair Labor Standards Act and Connecticut Minimum Wage Act by failing to pay hourly-paid, non-exempt healthcare workers any form of premium overtime compensation for hours worked in excess of forty (40) in a workweek.
July 19, 2023: The case was filed in the United States District Court for the District of Connecticut. The case was assigned to the Honorable Jeffrey Alker Meyer.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC and The Sorokin Law Firm, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.
The United States is founded on the principle of innocent until proven guilty. This is a civil matter stemming from a civil lawsuit, and unless and until there is a verdict against White Rose Home Agency, LLC and Jodyann Prendergast, then everything contained in the allegations should just be considered allegations.