CHICAGO — Four home health care workers for Illinois-based Centegra Health System recently came together to demand the defendant pay employees for all their due wages by filing a class action overtime pay lawsuit against the company. The complaint, filed in U.S. District Court for the District of Illinois, accuses Certegra of improperly paying home health aids on a dual system of per visit compensation and hourly wages in violation of the Fair Labor Standards Act (FLSA).
According to court documents, the plaintiffs worked in various roles as registered nurses, physical therapists, occupational therapists, and speech therapists, travelling to patients’ homes to administer vital care. Unfortunately for the staff, the defendant used a creative combination of billing hours to improperly classify the workers as overtime exempt, an all too common tactic used by large and small companies to suppress workers’ wages and increase profits.
Specifically, the plaintiffs allege that the defendant did not pay workers on a valid salary or fee basis because pay was “based, in part, on the number of hours worked rather than the accomplishment of a given single task as required by the FLSA’s fee basis regulation.” The plaintiff’s claim cites decisions in similar cases holding a “hybrid compensation plan that pays on a fee basis for most required job duties and an hourly basis for other duties does not qualify as a valid fee basis arrangement.”
Unpaid Overtime Lawsuit Seeks Class Action Certification
The first important step in ensuring tht the plaintiffs receive all their due wages will be to have the judge hearing the case certify the claim as a class action to allow all similarly affected workers to join the overtime pay lawsuit. By banding together and showing solidarity, plaintiffs can often better position themselves against powerful companies determined to avoid liability for blatant wage theft.
Under the FLSA, plaintiffs can recover their back pay with interest, liquidated damages equal to their stolen wages, attorneys fees, and any other damages the court may see fit to award. Furthermore, lead plaintiffs can recover additional compensation for taking the initiative to file the claim on behalf of themselves and other workers.
Home Health Care Worker Overtime Pay Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you 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.