A home health aide has taken legal action against her employer, alleging unpaid overtime and retaliatory practices. On February 2, 2026, Rodline Marthone filed a complaint in the United States District Court for the Southern District of New York against New Vision Home Care Services, LLC.
Rodline Marthone accuses New Vision Home Care Services of failing to pay her due overtime wages as required by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). According to the complaint, Marthone was employed by New Vision as a Home Health Aide starting on February 2, 2023. She claims that throughout her employment, she regularly worked over forty hours per week without receiving appropriate overtime compensation. Despite working long shifts that sometimes totaled up to seventy or eighty hours a week, Marthone alleges she was not compensated at one-and-one-half times her regular rate for these extra hours. In addition to seeking back pay for unpaid overtime, Marthone is pursuing liquidated damages and statutory damages under NYLL for the defendant’s failure to provide legally required wage notices and accurate wage statements.
The complaint also details allegations of retaliation following Marthone’s complaints about her unpaid wages. After raising concerns about not receiving lawful overtime compensation, she asserts that New Vision imposed unusual administrative demands on her and restricted her ability to work. These included requiring an additional employment application and drug test after she had already been employed. As a result of these actions, Marthone claims she lost client assignments and has not been scheduled for work since October 2025.
Marthone seeks various forms of relief from the court including unpaid wages, liquidated damages under both FLSA and NYLL statutes, prejudgment interest as applicable under NYLL provisions, and damages related to alleged retaliation. Additionally, she requests statutory damages for violations related to wage notice requirements under NYLL § 195(1) and wage statement provisions under NYLL § 195(3). The case highlights issues around employer compliance with labor laws concerning fair pay practices and protections against retaliatory conduct in response to employee grievances.
Representing Rodline Marthone is Clifford Tucker from Sacco & Fillas LLP. The case is identified as Case No. 7:26-cv-00879 in the United States District Court for the Southern District of New York.
Source: 726cv00879_Rodline_Marthone_v_New_Vision_Complaint_Southern_District_of_New_York .pdf
