Federal Court Grants Class Action Status to Physical Therapist’s Unpaid Overtime Lawsuit

Federal Court Grants Class Action Status to Physical Therapist’s Unpaid Overtime Lawsuit

CHICAGO — A federal judge in Illinois recently granted class action status to a physical therapist claiming her employer owes her unpaid overtime wages in violation of the Fair Labor Standards Act.

The lawsuit against Community Physical Therapy & Associates and its president and its Robert Tripicchio could see more than 100 other similarly affected individuals join suit in their quest to recover their duly owed wages.

The lead plaintiff claims he worked for Community Physical Therapy & Associates’ Alden of Waterford facility in Aurora from 2008 through 2015 during which time she was not paid proper overtime wages and was even retaliated against for bringing the matter to the defendant’s attention. According to the suit, the defendant place high productivity expectations on its employees, thus requiring them to work off the clock to meet these goals.

Under 2011 federal changes in Medicare billing procedures, therapists working for companies that receive Medicare reimbursement must spend certain amounts of time they bill with their patients. To that end, the defendant required its physical therapists to spend at least 90% of their time with patients to comply with the federal mandates.

Unfortunately for the workers, the time requirements meant they had little during the week to complete their administrative tasks at the company. This resulted in many workers having to spend their nights and weekends working off the clock to comply with the defendant’s job requirements.

Plaintiffs Can Recover up to Three Years of Unpaid Overtime Under FLSA

In certifying the class, the federal judge opened the door to allow any employee similarly affected who worked for the defendant for three-years previous to the suit’s filing to join the class. Under the FLSA, plaintiffs may recover up to three-years of unpaid overtime wages if they can demonstrate their employer knowingly violated the law.

Typically, most hourly employees must be paid time and a half for the time they spend working over 40 hours during the week. Employees concerned their rights may have been violated are strongly encourages to speak to an overtime pay lawyer about their case.

FLSA Overtime 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.

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