Ultimate Care $6M Home Health Aide Class Action Settlement

Individuals employed as a home health aide, personal care aide or personal assistant for Ultimate Care who worked two or more 24-hour shifts in a week at any time between Dec. 12, 2016, and Dec. 12, 2025, may qualify to submit a claim for a cash payment from a class action settlement.

Ultimate Care Inc. agreed to pay $6,000,000 to settle a class action lawsuit alleging violations of wage-and-hour laws, including failure to pay overtime wages and other compensation to home care aides who worked multiple 24-hour shifts.

Who can file a claim for a settlement payout?

Class members must meet the following criteria:

• Ultimate Care employed them as a home health aide, personal care aide or personal assistant any time between Dec. 12, 2016, and Dec. 12, 2025.
• They worked two or more 24-hour live-in shifts in one or more weeks.

How much is the settlement payment?

Pro rata cash payment: Class members can submit a claim to receive a pro rata cash payment from the net settlement fund after deductions for attorneys’ fees, service awards and administration costs. The settlement administrator will determine the payment amount by the number of 24-hour shifts the class member worked during the class period and the total number of claims filed.

How to claim an Ultimate Care payout

Class members who previously submitted a consent to sue form do not need to submit a claim.

Class members who did not previously submit a consent to sue form must submit a claim to receive a settlement payment. These class members can file a claim online or print the PDF claim form to complete and mail or email to the settlement administrator.

Settlement administrator's mailing address: ILYM Group Inc., P.O. Box 2031, Tustin, CA 92781

Settlement administrator's email address: claims@ilymgroup.com

The claim deadline is May 8, 2026

Required claim information

• All class members must provide the last four digits of their Social Security number on the claim form.
• Online claimants must provide the ILYM ID from the settlement notice they received.

Payout options

• Paper check mailed to the address provided

$6 million overtime settlement fund

The settlement fund of $6,000,000 will include:

• Settlement administration costs: To be determined
• Attorneys' fees and costs: Up to $2,000,000
• Service awards: Up to $15,000 for each named plaintiff, up to $1,200 for each plaintiff who provided discovery responses and up to $5,500 for each deposed plaintiff
• Payments to eligible class members: Remaining settlement funds

Important dates

• Deadline to file a claim: May 8, 2026
• Deadline to opt out: May 8, 2026
• Fairness hearing: May 12, 2026

When is the Ultimate Care overtime settlement payout date?

The settlement administrator will mail payments to eligible class members approximately 45 days after the court grants final approval of the settlement.

Why is there a class action settlement?

The class action lawsuit alleged Ultimate Care failed to pay overtime wages and did not compensate home care aides for all hours worked, including during meal breaks and sleep periods. The plaintiffs also claimed violations related to wage statements and spread of hours under New York Labor Law.

Ultimate Care Inc. denied the allegations but agreed to settle to avoid the cost and uncertainty of continued litigation.

Sources

1. Class notice
2. Settlement website
3. Claim form