NY Home Care Agency Hit With Second Lawsuit for Chinese Worker's Unpaid Wages

Tuesday, Aug 9, 2011

New York, NY...The Asian American Legal Defense and Education Fund (AALDEF) has filed a second lawsuit in Manhattan federal court against Gold and Silver Aging Home Care Inc. ("Gold and Silver"), which failed to pay nine weeks of wages to a Chinese worker, Ms. Q. M. Chen. The new lawsuit seeks to obtain back wages owed to Ms. Chen, plus 100% additional liquidated damages, as provided by the federal Fair Labor Standards Act and New York state labor laws.

AALDEF Legal Director Ken Kimerling said: "This new lawsuit highlights the continuing failure of Leonora Hector, president of the Gold and Silver agency, to pay the workers, many of whom are Chinese. These workers have the right to be paid regularly for the work they perform.  If they are not paid, the law provides that they are entitled to twice the amount of their unpaid wages."

Ms. Chen has worked as a home care attendant for Gold and Silver since early May 2011. Some of her paychecks bounced, and a replacement check was not honored by the agency's bank. She was not paid for her work between May 9, 2011 and the week of July 11, 2011. Leonora Hector was sued individually in addition to the agency.  AALDEF has been informed that other workers at this agency also have not been paid for several months. These other unpaid workers are urged to contact AALDEF at 212.966.5932.

The Gold and Silver Aging Home Care agency is licensed by the New York Department of Health to place home care with Medicaid patients.  However, New York Department of State records indicate that the New York State Department of Taxation and Finance on July 28, 2010 dissolved the Gold and Silver Aging Home Care Inc. corporation.

On July 20, AALDEF filed a similar lawsuit in federal court on behalf of Ms. Y. Chen, another Chinese worker owed back wages by Gold and Silver, which is located in a Manhattan penthouse on Fifth Avenue.

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