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Scott McIntyre Comments on OT Compensation Suit Filed by Home Health Aides

News / August 6, 2021

Partner Scott McIntyre is quoted in an article that was published on Aug. 6, 2021, by Law360. The article “Home Aides Get Cert. in OT Math Suit, Despite Questions” reports on a federal lawsuit involving overtime pay and travel time for home health aides who worked for A&L Home Care and Training Center. The aides were certified as conditional collectives, but the judge applied a two-year statute of limitations instead of a three-year limit because the aides had not sufficiently shown that the violations they alleged were willful, and aides who signed arbitration agreements should not receive notice to join.

Additionally, in certifying the order for interlocutory appeal, U.S. District Judge Matthew W. McFarland said the Sixth Circuit should weigh in on whether the court should follow the recent Fifth Circuit holding in Swales et al. v. KLLM Transport Services LLC and do a more rigorous, one-step certification process instead of the two-step approach that is initially more lenient.

McIntyre, who represents A&L, said his client was pleased with the ruling that the aides had not shown evidence of willful violations and the decision to certify the interlocutory appeal. “Enforcing the more rigorous similarly situated requirement called for by the Fifth Circuit in Swales can avoid duplication and the additional time and expense associated with considering the same similarly situated element multiple times in the case,” McIntyre said.

Read the article (registration required).