Court Grants Class Certification for Alexian Brothers Home Health Care Employees

Tuesday, August 04 - 2015

On July 24, 2015, Stephan Zouras, LLP filed a class and collective action on behalf of current and former home health care clinicians, which include registered nurses, occupational therapists and physical therapists employed by Alexian Brothers and Ascension Health.  Plaintiffs allege that Alexian Brothers wrongly classified Clinicians as “exempt” from federal and state overtime laws to deprive them of significant earned wages.  Because Clinicians were paid for their work on a combination of a “per visit” basis for time spent visiting patients and hourly basis for other work, they contend they were not paid on a legally-recognized salary or fee basis and thus,  entitled to overtime for all time worked in excess of 40 hours in given workweeks. On January 6, 2016, the Federal District Court for the Northern District of Illinois granted conditional class certification under the federal Fair Labor Standards Act (“FLSA”), which means any home health Clinician that works or has worked for Alexian Brothers in the past three years can join the case in pursuit of unpaid wages. If you would like to join the case or want more information on your rights, please contact us.
 
All too often, employers try to take advantage of their employees by not properly compensating them for time worked in violation of federal and state law. The Fair Labor Standards Act (FLSA) requires employers to pay employees 1 1/2 times their regular rate of pay for all hours worked over 40 each workweek unless they are properly classified as "exempt."  The law requires the employer to satisfy very strict requirements to properly classify an employee as an exempt professional, executive, administrator or some other recognized category of exemption.  
 
 

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