Live-In Humana Caregivers Win On Some Overtime Claims

On March 31, 2020, a federal district court judge ruled that Humana at Home owes overtime to live-in caregiver employees who worked 13-hour shifts. The ruling is in a complaint, Daverlynn Kinkead v. Humana at Home, et al., in which home care employees who worked 24-hour shifts sued for overtime. However, the judge said the litigation will continue due to several unresolved factual issues over the plaintiffs’ work hours, breaks, and pay rate.

The issue in this complaint concerns that Department of Labor’s final Home Care Rule that updated the Fair Labor Standards Act of 1938 . . .