Carter v. Angels of Care, LLC and Edison Rapi
U.S. District Court for the Eastern District of Pennsylvania
Docket No.: 2:24-cv-00790-MMB
Counsel: Matthew Miller, Justin Swidler
WHAT IS THE CASE ABOUT?
On December 20, 2023, an Angels of Care caregiver filed this lawsuit, which currently is in the United States District Court for the Eastern District of Pennsylvania. The lawsuit alleges Angels of Care failed to pay her and other hourly employees overtime wages as required under the Fair Labor Standards Act (FLSA) and Pennsylvania law. Specifically, Plaintiff alleges Angels of Care failed to pay her and other employees at least 1.5 times their regular rates for hours worked more than 40 in a workweek.
For example, during one workweek, Plaintiff worked 47 hours, making $15.00 per hour for the first 40 hours. However, for the 7 hours of overtime, Angels of Care paid her only $19.00 per hour instead of $22.50 per hour ($15.00 x 1.5) as required by federal and Pennsylvania law, shorting her $24.50. In other workweeks, Angels of Care paid her only $15.00 per hour and no additional amount for overtime hours, shorting her $7.50 per overtime hour (e.g., $75.00 for working 10 overtime hours).
In this lawsuit, Plaintiff seeks to recover all overtime wages owed plus liquidated (double) damages under the FLSA, attorney’s fees and costs.
WHO IS ELIGIBLE TO JOIN?
If you have worked for Angels of Care as a caregiver or in any other hourly position and did not receive at least 1.5 times your base hourly rate for overtime hours within the last 3 years, you may be eligible to join the FLSA collective action.
Please call one of our employment attorneys today for more information. The Court has not yet made any determinations regarding the merits of the case or whether the case will be certified as a collective action. However, the FLSA’s statute of limitations (i.e., the amount of time that may pass before you lose the ability to sue to recover unpaid overtime wages) will continue to run until you file a Consent Form with the Court or file your own case. Hence, if you have worked for Angels of Care within the last 3 years and wish to protect your rights pending the Court’s decision on certification, you may sign and submit the Consent Form below, and the Form will be filed with the Court.
DO I HAVE TO PAY FOR BEING REPRESENTED IN THE CASE?
No. This firm has taken this case on a contingency fee basis. The firm may be entitled to receive fees and costs from Angels of Care and/or Edison Rapi should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, the Firm will petition the Court for a portion of any recovery obtained or money judgment entered in favor of members of the class or their fees will be paid separately by Defendants. If there’s no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any fees or costs from any of the Plaintiffs.