Stephan Zouras, LLP represents skilled care home health Clinicians, such as Registered Nurses, Occupational Therapists, Physical Therapists, Speech Language Pathologists and Medical Social Workers, who have worked more than 40 hours in a workweek but did not receive overtime pay because they have been misclassified as “exempt” under federal and state wage laws.
On November 30, 2016, Stephan Zouras, LLP filed a nationwide class and collective action on behalf of current and former Clinicians employed by Bayada Home Health Care. Inc.
Because the 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, we contend they were 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 any given workweek.
All too often, employers 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 establish very strict and specific requirements before properly classifying an employee as an exempt professional, executive, administrator or other recognized category of exemption. Most states have comparable laws of their own.
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