DOWNERS GROVE, Ill. — A group of in-home care nurses recently filed an unpaid overtime claim against Illinois-based Advocate Health Care.
The lawsuit alleges the nurses were improperly misclassified as overtime exempt employees and owed years of back pay under state and federal laws.
Advocate recently settled another similar class action suit in March with a group of patient care specialists which settled for $4.75 million.
The suit, filed in a Chicago federal court, contends Advocate classified its “in-fusion” resident nurses as salaried employees when in fact the workers were paid on both an hourly rate as well as a per-visit basis which would make them eligible for overtime wages. As many as 40 nurses employed by Advocate over the last three-years could be part of the proposed class action, according to one of the plaintiffs.
Workers Paid Hourly Rates but Denied Overtime Pay
Advocate allegedly had a complex pay system, involving flat fees as well as hourly compensation for its in-home nurses. For example, nurses were paid $50 for each routine house call and as much as $79 for resumption of care and recertification visits.
Nurses were also paid an hourly rate of $31 per hour for staff meetings, conferences, education, and in-services while on-call time was compensated at only $3 per hour. However, the plaintiff’s suit alleges nurses were not compensated for various work activities like charting, scheduling visits, travel time, or communication with the patient’s physicians and pharmacists.
The plaintiff contends her claim is almost identical to the near $5 million verdict handed down against Advocate in March 2016 for violating the FLSA and Illinois Minimum Wage Law (IMWL).
The latest claim seeks relief in the form of unpaid overtime wages plus 2 percent interest, liquidated damages equal to the amount of unpaid overtime, and attorney’s fees.
One of the biggest home health care providers in Illinois, Advocate operates more than 250 care sites and 12 acute-care hospitals. The healthcare company employs 35,000 personnel, including 6,300 affiliated physicians and almost 10,000 registered nurses.
Unpaid Overtime Health Care Lawsuits
Call (855)754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.