A proposed class of health professionals alleged Tuesday that Evolution Health, Care Connection of Cincinnati, Guardian Healthcare, and Gem City Home Care all failed to pay appropriate overtime wages under the Fair Labor Standards Act (FLSA). The complaint was filed in the Southern District of Ohio.
The proposed class, composed of occupational therapists, physical therapists, physical therapy assistants, speech therapists, registered nurses, state tested nursing assistants, licensed practical nurses, and home health aides who worked at any time between December 2013 and 2019 as hourly employees of the defendant LLCs. The plaintiffs said they were paid according to a hybrid rate that set payment amounts for 1) per-visit fees that were determined by the type of visit; 2) hourly payments made for certain tasks, such as meetings and trainings, that were based upon the duration of those tasks; and 3) no pay for work, such as making calls, traveling, charting, and other tasks performed outside of time spent in patients’ homes.
As a class, the questions that the plaintiff seeks certification on include whether the defendants violated the law by failing to pay overtime, whether the defendants kept inadequate records of hours worked, whether any violations were wilful, and how much unpaid compensation is due to the class.
The claim alleges four causes of action, including a FLSA action for unpaid overtime, a claim for unpaid overtime under the Ohio Wage Act, a claim for failure to pay wages timely under the Ohio Prompt Pay law, and a claim for recordkeeping violations under the Ohio Wage Act. The plaintiffs are represented by Coffman Legal.