Amada Senior Care lawsuits have hit franchise locations across the country, ranging from a federal sexual harassment case in Colorado that settled for $250,000, to Department of Labor overtime enforcement actions in Minnesota and California, a nearly $1 million disability discrimination arbitration award in Los Angeles, and a pending wage-and-hour class action in Washington state. In each case, the defendant was a local franchise operator rather than the national franchisor.
Colorado Sexual Harassment and Retaliation Case
The U.S. Equal Employment Opportunity Commission sued Joyvida, LLC, an Amada Senior Care franchisee serving Colorado Springs, Denver, and Pueblo, in 2018. The case was EEOC v. Joyvida, LLC d/b/a Amada Senior Care, Case No. 18-cv-2026-RBJ, in the U.S. District Court for the District of Colorado.1EEOC. Amada Senior Care Resolves EEOC Sexual Harassment and Retaliation Case and Will Pay $250,000
The EEOC alleged that in 2014, caregivers working in clients’ homes were subjected to verbal and physical harassment by the adult son of two Amada clients. The alleged conduct included comments about the caregivers’ bodies, non-consensual touching, cornering workers physically, exposing his genitals, and pressing his genitals against them. Caregivers reported the behavior to franchise owner Ken Jenson and other managers, but the EEOC said management failed to stop it. The agency further alleged that Joyvida retaliated against workers who complained by cutting hours, firing one caregiver, and creating a hostile environment that forced at least one other to resign.1EEOC. Amada Senior Care Resolves EEOC Sexual Harassment and Retaliation Case and Will Pay $250,000
A consent decree approved on May 24, 2021 required Joyvida to pay $250,000 to five former employees. The company did not admit liability. The decree also required Joyvida to hire an outside consultant to overhaul its harassment policies, provide semi-annual Title VII training to all employees, give more extensive training to owners and managers on investigating complaints, and train caregivers specifically on responding to inappropriate sexual behavior from clients with Alzheimer’s or dementia. The court retained authority to enforce the decree for three and a half years.1EEOC. Amada Senior Care Resolves EEOC Sexual Harassment and Retaliation Case and Will Pay $250,0002Bloomberg Law. EEOC Harassment Pact Gets $250,000 for In-Home Senior Caregivers
Minnesota Overtime Lawsuit by the U.S. Department of Labor
In August 2022, the DOL sued Getch Inc. and its owner Gregory Getchell, who ran Amada Senior Care Twin Cities out of Golden Valley, Minnesota. The case, Walsh v. Getch Inc., Gregory B. Getchell, Civil Action No. 22-cv-1868, was filed in the U.S. District Court for the District of Minnesota.3U.S. Department of Labor. US Department of Labor Files Lawsuit Against Home Health Care Provider for Failing to Pay Overtime
The investigation covered October 2019 through October 2021 and alleged that Getch Inc. failed to pay overtime to 25 employees, including certified nursing assistants, patient care assistants, and an office worker. The DOL said the company paid live-in caregivers a flat daily rate rather than the overtime required by the Fair Labor Standards Act, misapplied overtime exemption rules, and altered pay records to make it look like overtime had been paid. The department sought more than $75,000 in back wages plus an equal amount in liquidated damages.3U.S. Department of Labor. US Department of Labor Files Lawsuit Against Home Health Care Provider for Failing to Pay Overtime4Star Tribune. Federal Labor Department Sues Golden Valley Senior Care Provider Over Not Paying Overtime
California Overtime Enforcement at the Davis Franchise
Reported in November 2024, a DOL Wage and Hour Division investigation of Timeless Homecare Inc., operating as Amada Senior Care in Davis, California, found the franchise had failed to pay all overtime owed to two employees. The action recovered $27,986 in back wages and damages, plus $2,058 in civil penalties.5Sacramento Bee. Four Northern California Senior Care Providers Fined6Fox 40. Four Sacramento, Stockton, Elk Grove, Rancho Cordova Senior Care Providers Fined
Los Angeles Disability Discrimination Arbitration and the Malpractice Suit That Followed
Former caregiver Isamar Juarez sued in Los Angeles County Superior Court in May 2020 (Case No. 20STCV18642), alleging she had been treated differently from other employees because of a disability, in violation of the California Fair Employment and Housing Act and the California Labor Code. A related class action (Case No. 20STCV21198) raised wage-and-hour and Private Attorneys General Act claims. The parties agreed to dismiss the class claims, arbitrate Juarez’s individual claims, and stay the PAGA proceedings.7ALM Media. Amada OC Inc. v. Jackson Lewis P.C. Complaint
The arbitration, before arbitrator Deborah Crandall Saxe at JAMS in Los Angeles, went badly for Amada. After hearings in April and June 2022, an interim award issued in September 2022 and a final award in November 2022. On March 9, 2023, the Los Angeles Superior Court confirmed the award in the amount of $935,869.49.7ALM Media. Amada OC Inc. v. Jackson Lewis P.C. Complaint
Malpractice Suit Against Jackson Lewis
Amada blamed its lawyers for the loss. On October 6, 2023, Amada OC, Inc. and Amada Senior Care, Inc. filed a legal malpractice suit against Jackson Lewis P.C. in Los Angeles County Superior Court. The complaint alleged that the firm failed to produce critical emails, provided by the client, that identified other caregivers treated similarly to Juarez, and that the arbitrator excluded the evidence as a result. Amada also alleged that Jackson Lewis told the arbitrator two key defense witnesses would not be called, after failing to properly identify them in discovery. Amada said it was left unable to rebut Juarez’s discrimination claims. The complaint sought compensatory damages, disgorgement of fees paid to Jackson Lewis, and attorney’s fees. The available material does not indicate a resolution.7ALM Media. Amada OC Inc. v. Jackson Lewis P.C. Complaint8The Recorder. Legal Malpractice Suit Alleges Jackson Lewis Cost Client Nearly $1M by Failing to Produce Key Evidence
Washington State Wage-and-Hour Class Action
Caregiver Ariana Dudley filed a class action, Dudley v. Honor Senior Care, No. 24-2-08662-5 SEA, in King County Superior Court. The suit named Honor Senior Care doing business as Amada Senior Care and alleged wage-and-hour violations affecting at least 40 current and former non-exempt workers in King, Pierce, and Cowlitz counties. The claims included failure to provide required meal and rest breaks, underpayment for travel time below the state minimum wage, unlawful wage deductions for requiring workers to use personal vehicles and cell phones without adequate reimbursement, refusal to pay overtime, and inaccurate paystubs. Trial was scheduled for April 2025.9Nolan Lim Law. Dudley v. Honor Senior Care
Franchisor Not Named in the Cases
One point matters for anyone researching Amada as a company. Amada Senior Care operates as a franchisor, and each of these cases named a local franchise entity, not the national parent. The EEOC did not name the franchisor in the Colorado suit, and the DOL actions in Minnesota and California similarly targeted the local operators.1EEOC. Amada Senior Care Resolves EEOC Sexual Harassment and Retaliation Case and Will Pay $250,000 The malpractice suit is the exception, filed by Amada OC, Inc. and Amada Senior Care, Inc. as plaintiffs against their former counsel.7ALM Media. Amada OC Inc. v. Jackson Lewis P.C. Complaint The Colorado Springs franchise appears to still be operating.10Amada Senior Care. Amada Senior Care Colorado Springs