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Phillips v AccentCare - Class Acion Lawsuit on behalf of Home Health Care Nurses


UPDATE - August 2, 2017 -  Motion for Final Approval Granted!!!

We are pleased to inform you - and especially the class members in this case - that our Motion for Final Approval of our settlement in this case was granted by the Honorable David R. Cohn, Judge of the San Bernardino Superior court on July 6, 2017.

Disbursement of the funds should occur sometime within the next few weeks or so.  As in all of our cases, we remind you, if you believe you qualify to be a class member in this case, to please be on the lookout for a check.

In particular, if you have moved since you began employment with AccentCare, your check might be misaddressed, misdelivered or lost.  So be sure to watch your mail for the check each day if you are a class member in this case.

If you do not receive your check by the end of September, please contact Phoenix Class Actions Administration Solutions, the third-party administrator which is coordinating the mailing of the payments to the class.  You may call Phoenix at (800) 523-5773.

Another reminder.  You will only have 180 days to cash your check as set forth in the settlement.  Please keep that in mind.  Some people hold on to them, not wanting to cash them for their own reasons, perhaps - but you and they have to keep that time limit in mind.

Finally, be sure to call our office if you have any questions about your employment with AccentCare or regarding any other employment matter you might have now, or have had in the past.  Perhaps we can assist you in that regard as well.

Call us at 818-547-5200.  Or email tom@falveylaw.com.    
        
Thanks very much for your patience in regard to the timing in the prosecution of this class action.


Update - March 15, 2017 - Motion for Preliminary Approval of Settlement Granted!

To all employees of AccentCare who were employed as home health care nurses since November 28, 2012: We are glad to inform you that the court gave preliminary approval to a settlement in this case, as reflected in the attached Order. (see attached)

If you were so employed, you should have gotten notice of this settlement on or after April 7, 2017).  It would have come from Phoenix Settlement Administrators, the Third Party Administrator for this case.

If you believe you are a class member in the case and have not yet received such notice, one of several things might have happened.

If you moved, AccentCare might not have provided your correct address.  Or an incorrect address might have been provided by AccentCare or placed on the address by Phoenix mailing.  Or it could have been lost in the mail or mis-delivered.  

If you do think you are a class member and haven’t yet received such a notice, please IMMEDIATELY contact Melissa at Phoenix Settlement Administrators, at 800-784-2174.

You may of course feel free to contact us if you want to discuss this matter further.  Likewise, if you have any questions about this case, or any other aspect of your employment, we’d be glad to speak with you.

Please call us at 818-547-5200 or email us at tom@falveylaw.com.


Plaintiff's Allegations - November 28, 2016

Our firm has filed a Class Action Complaint  on behalf of Home Health Care Nurses who worked or are working in California for unpaid wages and attendant penalties (see attached)

On November 28, 2016, our firm joined with JML Law and Alexander, Krakow + Glick in filing a proposed class-action lawsuit in San Bernardino County, case no. CIVDS 1620673, against AccentCare, Inc. AccentCare Home Health of California and Accentcare Home Health, Inc. (“Accentcare”).  We are suing on behalf of all employees who worked for those companies as home health care nurses in California since September 14, 2011 (that date arising as a result of equitable tolling). A copy of the complaint is attached here.

In her lawsuit, the Plaintiff (the person who is suing) contends that the AccentCare did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

As set forth in the complaint, we believe that the payment of wages provided by AccentCare to its employees were undertaken contrary to California Labor Law.  If our case is successful, then class members may receive payment in regard to such erroneous payment by defendants.

We allege, for example, that AccentCare prevented its employees from being able to take all their meal breaks.  In case you didn't know this, with rare exception, if you're scheduled to work six hours or more, and aren’t able to take a 30-minute uninterrupted meal break after five hours work, you’re owed one hour’s pay - for each day that happens.
                    
The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you are or were employed as a home health nurse for AccentCare in California since September, 2011, we would like to speak with you.

Have you saved your earnings statements or paystubs during the past few years?  

If so, we’d appreciate your sending us copies.  Perhaps you have schedules, receipts, timesheets, or other documents in addition to paystubs or earnings statements you received from The AccentCare.  If so, we’d like to see those as well.

Feel free to send us anything which you think would help our case.

Maybe - on your current or old phone - you still have texts from The AccentCare telling you what to do or where to go you'd let us see and copy.

If you have emails or manuals from anyone at AccentCare, we’d like to see those as well.  That might, for example, show that you were working either before or after your scheduled hours for any particular day.

Please contact us as soon as you can by calling our office at 818-547-5200.

You may also email us at tom@falveylaw.com.

Think of this.  Every once in a while, people send mail to us, enclosing items they think might be helpful, with no return address, so that their identity can be kept secret.  Maybe you’d want to do that.

Thanks for any help you might provide us, even if we never know your name.


Case Documents

2016-11-28, Phillips v. Accentcare, CONFORMED Complaint

2017-03-15, Phillips v. AccentCare, Order Granting Preliminary Approval

 

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