PITTSBURGH — A group of home health care workers for Bayada Home Health Care, Inc. recently filed a proposed class action unpaid overtime lawsuit against the defendant alleging the company underpaid hundreds of workers. The suit is just the latest in a series of similar claims against other home health care providers across the country this year over employee misclassification and violations of state and federal wage laws.
According to the lawsuit, plaintiffs routinely worked more than 40 hours a week performing their duties but their employer intentionally misclassified them as “overtime exempt” exployees. The plaintiffs contend that overtime exempt employees can only be paid on a salary basis as opposed to the combined in home visit and hourly pay the workers received.
Furthermore, the plaintiffs allege that they were never compensated for other tasks required to complete their jobs, like time spent preparing for visits with patients in their homes, traveling from one patient to another, or performing clerical work to document visits. The suit seeks unspecified damages but will likely include back pay, liquidated damages, attorneys’ fees, and court costs.
The potential payout could be quite substantial if the suit is successful. Bayada, Inc. employs 18,000 home health care professionals in 22 states. Even more past employees could join the suit if the court grants the claim class action status, opening up the defendant to an even greater penalty.
Overtime Exempt Misclassification
Employee misclassification is one of the most common ways employers engage in wage theft to keep their payroll down and increase their bottom line. Unfortunately, this all too common practice forces employees to work for free.
Under the Fair Labor Standards Act (FLSA), only certain types of professions can be classified as overtime exempt and these workers must perform certain duties expected under the law. While workers often trust that their employer is complying with the law, the sad truth is many companies take advantage of this trust to pad their profits.
Home Health Care Workers Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel 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.