Ultimate Care Home Health Aide $6 Settlement, File Your Overtime Claim by May 8, 2026

If you worked 24-hour live-in shifts for Ultimate Care and only got paid for 13 hours — you may be owed back wages right now. Ultimate Care, Inc. agreed to a $6,000,000 settlement to resolve a class action lawsuit alleging it failed to pay home health aides, personal care aides, and personal assistants overtime wages required by federal and New York State law. The claim form deadline is May 8, 2026. You do not need a lawyer to file — and filing takes less than 10 minutes.

Quick Facts

Current Status & What Happens Next

• On January 23, 2026, Plaintiffs filed a motion in federal court for preliminary approval of the settlement agreement. On or around March 9, 2026, the Settlement Administrator began mailing notice to all opt-ins and class members.
• The claim form deadline and exclusion request deadline are both May 8, 2026 — if you miss this date, you lose your right to a cash payment and your right to opt out.
• No payments will go out until the Court grants final approval. Check ultimatecareincsettlement.com for hearing date updates.

Why Did Ultimate Care Owe You More Pay? 

Ultimate Care employed home health aides and personal care aides to work 24-hour live-in shifts, caring for patients in their homes around the clock. New York State had a longstanding policy that allowed employers to pay live-in aides for only 13 hours of a 24-hour shift — but only if the worker received 8 hours of sleep (5 uninterrupted) and 3 hours of meal breaks during that shift.

Plaintiffs alleged that Ultimate Care paid aides for just 13 hours regardless of whether those sleep and meal breaks actually happened. When aides were woken up at night to help a patient or had to skip meals, Ultimate Care still only paid them for 13 hours — shortchanging them for the extra hours they actually worked.

The lawsuit also alleged Ultimate Care violated the federal Fair Labor Standards Act (FLSA) and New York Labor Law by failing to pay overtime for all hours worked over 40 in a workweek, failing to pay spread-of-hours pay for shifts over 10 hours, and failing to provide accurate wage statements showing real hours worked. Ultimate Care denied all wrongdoing. The parties agreed to settle to avoid continued litigation. The case is Cruz v. Ultimate Care, Inc., No. 22 Civ. 07520, filed in the U.S. District Court for the Eastern District of New York.

For another settlement involving unpaid wages and worker rights, see our full breakdown of the Walmart Spark Driver Pay Settlement — FTC Action and How to Get Paid on AllAboutLawyer.com.

Who Is Eligible to File a Claim? 

You may qualify if you are a current or former Home Health Aide, Personal Care Aide, or Personal Assistant employed by Ultimate Care, Inc. who worked two or more 24-hour live-in shifts in one or more workweeks at any time between December 12, 2016 and December 12, 2025.

You may qualify if Ultimate Care only paid you for 13 hours of a 24-hour shift on days when you did not receive 8 hours of sleep or 3 hours of meal breaks.

You may qualify if you worked overnight for a patient, were woken up during scheduled sleep time, or had your meal breaks interrupted — and were never compensated for those extra hours.

You may qualify if you worked more than 40 hours in any workweek and did not receive overtime pay at 1.5 times your regular hourly rate.

You may qualify if you worked shifts lasting longer than 10 hours and did not receive an extra hour of pay at minimum wage as required by New York State spread-of-hours law.

You may qualify even if your shifts were worked at patient homes across New York State — the New York Labor Law claims cover all work performed in New York.

Note: To have your federal FLSA claims included, you must also file a Consent to Sue form — available at ultimatecareincsettlement.com — separate from your claim form.

How Much Will You Receive? 

The settlement administrator calculates individual payments based on each worker’s specific employment records — including how many weeks they worked, how many 24-hour shifts they worked per week, and the dollar gap between what Ultimate Care paid and what state and federal law required.

The notice mailed to class members will state the minimum individual amount each home care aide should expect to receive based on records already in the administrator’s possession. Your actual payment could be higher depending on your total weeks worked and documented underpayment. The final net settlement amount — what each person receives after attorneys’ fees, litigation costs, and case contribution awards to the named plaintiffs — will be confirmed after the court grants final approval.

Workers with more 24-hour shifts worked during the class period, more weeks of underpayment, and longer employment tenures will generally receive a larger share of the $6 million fund.

How to File Your Claim 

Step 1 — Visit the official settlement website at ultimatecareincsettlement.com and click the Consent to Join Form link, or call the settlement administrator at (888) 250-6810 to request a paper form be mailed to you.

Step 2 — Complete the Consent to Join / claim form with your name, address, and the dates you worked for Ultimate Care as a home health aide, personal care aide, or personal assistant.

Step 3 — If you want your federal FLSA overtime claims included in the settlement — in addition to your New York State claims — make sure you complete and submit a Consent to Sue form as well. Both forms are available at ultimatecareincsettlement.com.

Step 4 — Submit your completed form online by May 8, 2026, or mail your paper form postmarked by that same date to: Ultimate Care Lawsuit, c/o ILYM Group, P.O. Box 2031, Tustin, CA 92781.

Step 5 — If you need help completing your claim form in Spanish or have questions, contact the settlement administrator directly at (888) 250-6810 or by email at [email protected].

Step 6 — Save your submission confirmation. After the court grants final approval, the administrator will mail or electronically transfer your payment to the address or account you provided.

Estimated time to complete: 8–10 minutes

Important Deadlines & Dates 

Frequently Asked Questions 

Do I need a lawyer to file a claim? 

No. You file your claim directly at ultimatecareincsettlement.com or by mailing a paper form to ILYM Group. Class Counsel — Getman, Sweeney & Dunn, PLLC and Justicia Laboral, LLC — already represent all eligible class members at no direct cost to you. You can also call (888) 250-6810 for free help completing your form.

Is this settlement legitimate? 

Yes. The case is Cruz, et al. v. Ultimate Care, Inc., No. 22 Civ. 07520, filed in the U.S. District Court for the Eastern District of New York. Class Counsel is Getman, Sweeney & Dunn, PLLC, a law firm that exclusively represents workers. The settlement administrator is ILYM Group, Inc., a neutral third party. Verify all details at ultimatecareincsettlement.com.

When will I receive my payment?

 Payments go out after the court grants final approval of the settlement. The final approval hearing date has not been announced yet as of March 2026. Check ultimatecareincsettlement.com after you file for timeline updates.

What if I miss the May 8, 2026 deadline?

If you miss the claim form deadline, you will not receive a cash payment from this settlement. You will also lose your right to opt out of the settlement and sue Ultimate Care separately. File as early as possible — do not wait until the last day.

Will my settlement payment affect my taxes? 

Settlement payments for unpaid wages are generally treated as taxable income and the administrator may issue a W-2 or 1099 form for your payment. Liquidated damages — the additional equal amount of back wages that FLSA allows — may also be taxable. Consult a tax professional for guidance specific to your situation.

Can Ultimate Care fire me for filing a claim? 

Federal law prohibits retaliation against any worker for joining an overtime lawsuit. If Ultimate Care retaliates against you, the company would be liable for at least double the injury caused to you, plus possible additional punitive damages. Contact Class Counsel immediately at Getman, Sweeney & Dunn if you experience any retaliation.

I worked for Ultimate Care a long time ago — can I still file?

 Yes. The class period runs from December 12, 2016 to December 12, 2025. If you worked two or more 24-hour live-in shifts in a workweek at any point during those nine years, you may still file a claim by May 8, 2026 — regardless of whether you still work for Ultimate Care today.

Is there a Spanish-language version of the claim form? 

Yes. A Spanish-language version of the settlement information is available directly from Class Counsel at Getman, Sweeney & Dunn. Visit getmansweeney.com/gsd_cases/ultimate-care-inc-spanish/ or call (888) 250-6810 to request Spanish-language assistance from the settlement administrator.

Sources & References 

• Official Settlement Website: ultimatecareincsettlement.com
• Class Counsel — Getman, Sweeney & Dunn (Case Page): getmansweeney.com/gsd_cases/ultimate-care
• U.S. Department of Labor — Home Care Worker Wage Rights: dol.gov/agencies/whd/home-care

Last Updated: March 13, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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