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KUROVSKAYA v. PROJECT O.H.R.

Index No. 150480/16. Appeal No. 13908-13908A. Case Nos. 2020-04902, 2021-00285.

194 A.D.3d 612 (2021)

144 N.Y.S.3d 354

2021 NY Slip Op 03280

Natalya Kurovskaya et al., Respondents, v. Project O.H.R. (Office for Homecare Referral), Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 25, 2021.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York ( Kevin J. O'Connor of counsel), for appellant.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for respondents.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

Plaintiffs and the putative class members are former nonresidential home health aides and/or personal care assistants who worked for defendant in New York between January 20, 2010 and the present. Plaintiffs allege, inter alia, that defendant regularly underpaid the putative class members for time worked, as it paid the same rate for regular work and overtime. They also allege that they were paid flat "per diem" rates for 24-hour...

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