ABOUT THE CASE:


On Jan. 17, 2007, Plaintiffs Tracy Bishop, Pamela Brooks, Peggy Cunningham, and Natividad Reyes filed suit in the Philadelphia Court of Common Pleas on behalf of themselves and others similarly situated against Lee’s Industries, its related companies, and managers Nina Kinard, and Eric Lamback.


Plaintiffs allege that Lee’s Industries, Inc. has not paid its hourly home health aides for travel time between clients, and for overtime as required by PA law.


On June 16, 2010, notice was mailed to the original Class members, and again to any additional Class members on March 16, 2011.


Plaintiffs estimate that the class consists of at least 730, and possibly more than 1,000 home health workers who were not paid for travel time and/or overtime while employed by Lee’s Industries and related companies.


Plaintiffs seek monetary damages for back wages, interest, and liquidated damages based on their claims.


Plaintiffs also seek future correction of pay practices, including payment for travel time and overtime, and payment by Defendants of attorneys’ fees and costs.

RECENT UPDATES:


  • On September 30, 2014 The United States Bankruptcy Court Granted Plaintiffs’ Motion for Summary Judgment, which denied Ms. Kinard’s bankruptcy discharge.

  • On October 1, 2014, Plaintiffs filed the Parties Joint Stipulation for Damages Judgment with Proposed order with the Philadelphia Court of Common Pleas. To view a copy of the Summary Judgment Opinion click here.

  • A hearing for assessment of damages was held on June 19, 2013, at which time the Court entered a stipulated judgment against Eric Lamback and Lee's Home Health Services. Because of the bankruptcy stay, judgment was not entered against Ms. Kinard or Lee's Industries.

  • On June 13, 2013, Defendant Nina Kinard filed a bankruptcy petition on the United States Bankruptcy Court for the Eastern District of Pennsylvania. On the same date, Lee's Industries, Inc. filed a bankruptcy petition in the same court, which was dismissed on June 20, 2013.

  • On December 31, 2012, the Court entered a default judgment against all defendants.