AUSTIN — A chef working in a Texas hospital recently filed an unpaid overtime lawsuit against her employer claiming the health care provider misclassified her as overtime exempt and owe her back wages. The suit, filed in federal District Court for the Eastern District of Texas, against Texas Health Presbyterian Hospital in Arlington alleges that while the plaintiff did perform some managerial duties, these tasks were a small part of her day-to-day operations and should be compensated as an hourly employee.
The plaintiff claims she spent about 10% of her time supervising other staff, scheduling subordinates, and directing food preparation and service for the hospital’s doctors, nurses, and patients. However, the plaintiff alleges she lacked the authority to hire and fire subordinates or create policies necessary to qualify for an overtime pay exemption under state and federal wage and labor laws.
According to reports, the plaintiff allegedly took issue with the hospital’s pay practices and submitted a complaint to the human resources department over not being paid overtime on at least two different occasions. The unpaid overtime lawsuit states the defendant subsequently fired the plaintiff, which would a serious violation of federal wage laws protecting employees from retaliation.
Federal Overtime Pay Laws for Managers
Under the Fair Labor Standards Act, employers must pay almost all hourly workers one a half times their regular rate of pay when these individuals spend more than 40 hours on the job during the week. However, some classes of employees like managers may be overtime exempt if their managerial duties are primary, meaning they are the most important tasks the individual performs.
Often times, employers give workers managerial titles but the employees’ duties do not meet the standards set forth by the Fair Labor Standards Act and/or state labor and wage laws. In these situations, workers may be able to file unpaid overtime lawsuits to recover back wages, interest on unpaid overtime, liquidated damages, and attorneys’ fees to recover the cost of litigation.
Hospital Staff Unpaid Overtime Lawsuit
This case highlight the lengths former employers may go when their employees stand up for their legal rights and bring claims for unpaid overtime wages. Having an experienced overtime lawsuit attorney on one’s side can help navigate these legal pitfalls and give plaintiffs their day in court.
If you believe that your wage rights were violated under the FLSA and may have a claim, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our law firm has a team of experienced and dedicated overtime wage lawsuit attorneys ready to help you understand your legal rights.