GREENSBORO, NC — A federal judge recently ruled an unpaid overtime lawsuit against North Carolina health care provider Cardinal Innovations can proceed as a class action to allow other similarly-affected workers to join the claim and potentially recover their lost wages. The claim alleges that the defendant, which provides behavioral, substance abuse, and mental health services on behalf of state, engaged in systematic wage theft by intentionally misclassifying about 100 workers as overtime exempt to avoid paying these employees for all the hours they spent on the job.
According to the class action unpaid overtime lawsuit, filed in U.S. District Court for the Middle District of North Carolina, the plaintiff and other workers frequently spent more than 40 hours on the job but were never paid one and a half times their average hourly rate of pay. The plaintiff claims Cardinal Innovations required her and other workers in her division to routinely asked employees to perform duties outside the scope of their learned professional exemption under the Fair Labor Standards Act (FLSA).
Cardinal Innovations had hoped to block the plaintiff from certifying her lawsuit as a class action and potentially grow the scope of the class to the point the defendant could be on the hook for significant damages. Under the FLSA, wage theft victims can bring action on behalf not only of themselves but any other similarly affected employees, thus allowing workers to band together and hold unscrupulous employers responsible for taking advantage of hardworking employees.
FLSA Overtime Pay Laws
Under the FLSA, almost all hourly wage earners are entitled to earn overtime when working more than 40 hours in a week. While there are certain exemptions to the rule that do allow employers to pay some employees a flat salary, these workers must perform duties consistent with what the law expects for select classifications of workers.
Often times, companies classify employees as managers, professionals, and executives to avoid overtime pay but do not expect workers to perform necessary duties. When this type of wage theft occurs, employees can file suit to recover their back pay with interest, liquidated damages, and attorneys fees to cover the cost of litigation.
Health Care Worker 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.