On May 13, 2016, Stephan Zouras, LLP filed a class and collective action on behalf of current and former Registered Nurses employed by Advocate Home Health Care who provide infusion and pediatric care to patients in their homes (“Infusion RNs”).
Plaintiffs allege that Advocate wrongly classified Infusion RNs as “exempt” from federal and state laws to deprive them of significant earned overtime wages. Because Infusion RNs 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 are not paid on a legally-recognized salary or fee basis and thus, are entitled to overtime for all time worked in excess of 40 hours in given workweeks.
Stephan Zouras, LLP currently represents home health care clinicians who work or formerly worked for Advocate Health Care, Presence Health, Alexian Brothers, Ascension Health and most recently Residential Home Health. In addition, Stephan Zouras is investigating similar claims nationwide against a number of institutions, including Adventist, Vanguard Homecare, Spectrum Home Health and others.
All too often, employers try to take advantage of their employees by not properly compensating them for overtime worked in violation of federal and state law. The Fair Labor Standards Act (FLSA) requires employers to pay employees 1 ½ 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 and specific requirements to properly classify an employee as an exempt professional, executive, administrator or some other recognized category of exemption. Most states have comparable laws of their own.