New York recovers $19M in unpaid wages for home health aides

New York Attorney General Letitia James and the Department of Consumer and Worker Protection on Tuesday announced they have reached an agreement with two home care agencies to pay up to $18.8 million in unpaid wages to aides.

The AG office's investigation claimed Intergen Health and Amazing Home Care Services, both based in the Bronx, violated the New York Labor Law and the New York Paid Safe and Sick Leave Law. Violations included unpaid overtime wages, travel time compensation, unscheduled short shifts and "live-in" shifts, in which aides stayed in a patient's home. Approximately 12,000 workers were affected.

"Home health aides are on the front lines serving the most vulnerable in our communities, yet these agencies denied them the most basic form of dignity and respect: fair pay for a hard day's work," James said in a statement.

The agreement, which was the largest of its kind in the state, delivers the payments in two phases. In the first phase, the state will receive $5.2 million in restitution for violations of the labor law, and $2 million will go to employees affected by violations of the paid sick leave law, including back pay for four employees fired for using paid sick leave.

The second phase will recover payments of over $11.5 million, subject to court approval. This phase provides compensation for live-in workers and would require affected individuals to participate in the settlement.

Investigations into Intergen and Amazing began in 2018, following a referral from the Department of Consumer and Worker Protection. The two firms have also been directed to correct their polices and be monitored for compliance for two years, according to the agreement.

"These hardworking New Yorkers not only deserve the pay that was unfairly denied to them," James said, "but also the assurance that this won't happen again."

This story first appeared in our sister publication, Crain's New York Business.