Home Health Care Clinician Unpaid Overtime Lawsuits FAQs

Thursday, January 05 - 2017

All too often, Registered Nurses, Physical Therapists, Speech Pathologists, Occupational Therapists, Medical Social Workers and other skilled home healthcare professionals employed by hospitals, medical institutions and home health agencies are wrongfully deprived of earned overtime pay when they work more than 40 hours per week.  Employers misclassifying Clinicians as “Exempt“ to avoid paying earned overtime is a rampant problem in this industry.  
 
Here are some common questions and answers regarding Home Health Care Clinician unpaid overtime lawsuits:
 
WHAT DEFINES A HOME HEALTH CARE CLINICIAN?
 
Home Health Care Clinicians include Registered Nurses, Physical Therapists, Speech Pathologists, Occupational Therapists, Medical Social Workers and other skilled home healthcare professionals who provide care to patients in their homes.  They typically visit as many as 8 or more patients in a given day. In addition, they complete documentation of patient health and their visits (“charting”), communicate with patients, physicians and other medical care providers, and participate in various meetings and training.  Typically dedicated and hardworking healthcare professionals, Clinicians usually work late nights and weekends fulfilling the needs of the patients they serve.
 
AS A HOME HEALTH CARE CLINICIAN, AM I PROPERLY CLASSIFIED AS “EXEMPT” FROM OVERTIME UNDER THE FLSA?
 
Oftentimes, no. Although many hospitals, medical institutions and home health agencies classify Clinicians as “exempt” to avoid paying them overtime wages, this classification often violates federal and state wage laws. For example, when an employer pays clinicians on a combination “per visit” basis for patient visits and an “hourly” basis for other work, this type of “hybrid” compensation scheme is unlawful, and does not excuse the employer from paying overtime.
 
WHICH HOME HEALTH CARE CLINICIANS CAN SEEK MONEY DAMAGES?
 
Clinicians who are misclassified as exempt can recover unpaid overtime wages earned during any workweeks in which they worked more than 40 hours in the last three years. Most Home Health Care Clinicians typically work well in excess of 55 or more hours each workweek.
 
WHAT DAMAGES CAN I SEEK IF I AM IMPROPERLY CLASSIFIED AS “EXEMPT” FROM OVERTIME UNDER THE FLSA?
 
Along with damages for back unpaid overtime, Clinicians misclassified as exempt can recover liquidated (double) damages and interest along with reasonable attorneys’ fees and costs.
 
HOW DO I KNOW IF I HAVE A FLSA CASE?
 
If you answer yes to any of the following questions you may have a claim to unpaid overtime wages:

  • Have you worked as a Registered Nurse, Physical Therapist, Speech Pathologist, Occupational Therapist or Medical Social Worker as a provider of care to patients in their homes in the last three years?
  • Have you worked more than 40 hours during any given workweek at any time over the past three years?
  • Were you paid on a combination “per visit” basis for patient visits and an “hourly” basis for other work?
  • Was your “visit fee” calculated by applying a pre-defined multiplier to an hourly base rate?

The attorneys at Stephan Zouras, LLP will help you determine whether you have a claim.  Please contact us for more information.
 
HOW MUCH WILL IT COST ME TO FILE A LAWSUIT?
 
At Stephan Zouras, LLP we work on a contingency fee basis, meaning as a client you never pay any attorney fees or costs unless we recover money damages on your behalf. With a successful outcome, we receive a court-approved percentage of the recovery which is outlined in our attorney-client agreement.
 
HOW MUCH SHOULD I EXPECT TO RECOVER?
 
Once a successful outcome has been achieved, your total award will be based on your time worked. In addition to all unpaid overtime wages, you may be eligible to recover double (or “liquidated”) damages, back interest, and attorney’s fees and costs.
 
IS THERE A DEADLINE TO FILE A LAWSUIT?
 
Yes. There is a statute of limitations, which is either two or three years under federal law depending on whether the violation was “willful.” Individual states also have their time limits for bringing claims under their wage laws. Because we represent clients across the United States, the legal team at Stephan Zouras, LLP can help you determine the applicable statute(s) of limitations for your case.
 
WHY SHOULD I CHOOSE STEPHAN ZOURAS, LLP AS MY LEGAL COUNSEL?
 
We are aggressive advocates who are committed to recovering unpaid wages, overtime pay and other damages for our clients. We strive to maximize our clients’ recovery while attending to their individual needs.  Our track record of success speaks for itself. We have recovered many millions of dollars in unpaid overtime wages on behalf of Home Health Care Clinicians.
 
Contact us for a free and confidential consultation to learn more about your rights.

For more information on your rights, contact us

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