CHARLESTON, S.C. — Physician assistants filed a wage and overtime class action lawsuit against Nason Medical Center in South Carolina. The lawsuit also names Bankfield Holding Co., Nason Medical Center’s parent company, and the company’s co-owners as defendants. The physician assistants allege the medical facility violated the Fair Labor Standards Act (FLSA) and South Carolina wage laws when it failed to pay employees for overtime work and for working through meal breaks. The medical center denies the allegations; it counters that the physician assistants are exempt employees, and the FLSA is not intended to cover employees making more than $100,000 a year.
Physician Assistant Claims
Daniel Caskie, who began working for Nason in March 2011, filed his lawsuit on behalf of himself and an unspecified number of current and former Nason Medical Center physicians assistants at five South Carolina locations. Caskie alleges he and other physician assistants regularly worked more than 40 hours a week without receiving time-and-a-half for the additional hours. They further allege that employees were forced to clock out at lunch, even when working through their breaks, and time was deducted from their pay if they failed to do so. Caskie estimates that, since beginning work in 2011, Nason withheld more than 500 hours of overtime, or about $50,000. He is requesting back pay for those hours.
High Wages and the FLSA
The FLSA is intended to protect the rights of employees by setting federal minimum and overtime wages, and establishing employment standards for hours worked, recordkeeping, and child labor. These protections do not apply to those who receive substantial wages, such as executives, computer specialists, and professionals such as doctors and lawyers. There is also a specific exemption from FLSA protections for “highly compensated employees.” The highly compensated employee exemption applies to employees performing non-manual work, who have some regular responsibilities that fall under other exemptions, and who make at least $100,000 a year. Nason claims its physician assistants received more than $100,000 a year, and are thus exempt from overtime pay.
High wages do not automatically exempt you from wage and hours laws. If you work through your meal breaks and are not compensated for that work, contact us today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. You will not be billed for legal fees or other costs unless you receive a settlement.