Stephan Zouras, LLP represents Armada Homecare clinicians in a class and collective action seeking unpaid earned overtime wages.
On November 16, 2018, we filed a federal class and collective class action lawsuit under the Fair Labor Standards Act (FLSA), the New Mexico Wage Act (NMMWA) and the New Mexico Wage Payment Act (NMWPA) on behalf of Armada Homecare clinicians.
We contend that in direct violation of federal and state laws, Armada Homecare failed to pay their clinicians overtime premium wages for hours worked in excess of 40. We allege that Armada Homecare intentionally and wrongfully classified their clinicians as overtime exempt to avoid properly paying them for all of their time worked, including significant time worked in excess of 40 hours in given workweeks.
Instead, Armada Homecare paid clinicians on a “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 as required by federal and state wage laws.
As a result, clinicians were deprived of pay for a wide array of work-related tasks they were required to perform a regular basis. These tasks include, but are not limited to, preparing for patients visits, traveling between patients’ homes, documenting information from patient visits (“charting”) and coordinating patient care with other providers.
Armada Homecare clinicians eligible to participate and seek damages in this lawsuit include Registered Nurses, Physical Therapists, Occupational Therapists, Speech Therapists and employees in other, similarly skilled care positions.
For more information on your rights as an Armada Homecare clinician, please contact us.