Court Recommends Class Certification for Adventist Home Health Clinician Unpaid Overtime Claims under the Fair Labor Standards Act (“FLSA”) and Illinois Minimum Wage Law (“IMWL”)
Magistrate Judge Jeffrey T. Gilbert recommended the district court should grant Plaintiff’s Motion for Class Certification on November 17th, 2017 for a class of Home Healthcare Clinicians who claim Adventist Midwest Health (“Adventist”) misclassified them as exempt from overtime. If the district court accepts the recommendation, Plaintiffs will be able to pursue their claims for unpaid overtime wages earned since July 27, 2013.
The Court found that Plaintiffs met the legal standard for class certification under both the federal FLSA and state IMWL.
In this lawsuit, Plaintiffs claim that Adventist did not properly classify their employees resulting in the failure to compensate dozens of Home Healthcare Clinicians for thousands of hours of required overtime wages.
Plaintiffs also claim that Clinicians were undercompensated based on Adventist’s “per-visit” pay plan that did not account, or pay for time Clinicians spend performing countless tasks outside the patient visit.
Plaintiffs’ victory is the latest in a long line of successful class actions prosecuted by Stephan Zouras, LLP against hospital groups, agencies and other health care providers who take advantage of their employees by flouting the wage laws.
Stephan Zouras, LLP is proud to represent hundreds of hard-working Home Healthcare Clinicians in pursuit of recovering their unpaid earned wages.
If you, or someone you know, have worked for Adventist Home Health as a nurse, physical therapist, occupational therapist or speech pathologist, and want more information on your rights, please feel free to contact us.