About Us
Two years ago, Margaret Bobb, a home care worker in Maryland, sued the company she worked for, FinePoints Private Duty HealthCare, for illegally failing to pay overtime and for travel time between clients’ homes. AARP Foundation and the Public Justice Center filed a collective action lawsuit on behalf of Ms. Bobb and 15 other affected workers. The FinePoints case has since garnered significant attention over the implications for the home care industry, the treatment of home care workers, and the well-being of the people they care for.
The case took a pivotal turn last year when the owner of FinePoints declared personal bankruptcy and shut down the business. This led to an automatic stay of proceedings against the owner, but the litigation continued against the company. When the attorney for both FinePoints and the owner withdrew from the case, leaving the company unrepresented, AARP Foundation filed for what’s known as default judgment in July, asking the court to grant judgment in the form of back pay, penalties and other compensation.
On August 7, the court granted default judgment in favor of the plaintiffs, requiring FinePoints to pay more than $500,000 in damages and other costs. Because of the bankruptcy filing, it’s not clear how much the plaintiffs and their attorneys will actually recover, but the court has spoken clearly, declaring in its decision that “this judgment against FinePoints is FINAL [capitals per original], there being no just reason for delay.”
AARP Foundation Senior Vice President for Litigation William Rivera commented, “We are pleased with the court’s decision, which recognizes that home care workers must be paid their full wages for all hours that they work.” And lead plaintiff Margaret Bobb noted, “I’m so pleased that the court listened to us caregivers and saw the injustice. We always deserved to be paid fairly for our work.”
Beyond this definitive judgment against FinePoints, the case has brought much-needed attention to the broader issue of underpayment and misclassification of home care workers as independent contractors, a practice that is widespread in the industry.
The matter is of particular concern to AARP Foundation, as many home care workers are older adults living with low income, barely making ends meet for themselves and their families. And the people they care for also tend to be older or disabled, with limited financial resources. As Louis Lopez, vice president for litigation at AARP Foundation, notes, “When home care agencies underpay their workers, it harms older adults in need of care because people are less likely to accept jobs in the home care industry and less likely to continue performing care work. That means older adults are less likely to find paid care and must rely upon family caregivers.”
Rebecca Rodgers, Lead Attorney, adds “AARP Foundation attorneys are tracking case after case where home care agencies are being sued for the same types of violations that we have seen in the FinePoints case and where the agencies try to get away with it by designating home care workers as independent contractors.”
Winning in judicial court and the court of public opinion means a lot to the attorneys who brought this case forward for their clients. Rodgers finds tremendous satisfaction in the fight: “Working as a public interest attorney on behalf of older Americans gives me great pride. It’s wonderful to come to work every day and know that I am doing my best to represent people who are looking to improve their lives through meaningful employment.”
And there’s also the potential that ultimately this and other similar cases will drive positive changes in the home care industry, ensuring that workers receive the pay and protections they deserve, and that their clients will get the care they need.
Learn how AARP Foundation attorneys are fighting for the rights of older adults.