Skilled Care Home Health Clinicians Misclassification Cases

Tuesday, January 06 - 2015

Stephan Zouras, LLP represents skilled care Clinicians, such as Registered Nurses, Occupational Therapists, Physical Therapists and Speech Language Pathologists, nationwide 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.  
 
Many hospitals, medical institutions and home health agencies pay 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.
 
Stephan Zouras, LLP has recently secured several multi-million dollar settlements on behalf of classes of Clinicians who worked for some of the largest health care systems in the United States. 
 
We currently represent current and former Clinicians of Bayada Home Health Care, Inc., Tenet Healthcare (and its subsidiaries, including Vanguard Homecare), Centegra Health System, Residential Home Health, Health Resource Solutions and Adventist Midwest Health.  In addition, we are investigating similar claims nationwide against a number of institutions, including LHC Group, Greak Lakes Caring, Interim Healthcare, Maxim Healthcare Services, Addus Healthcare and others. 
 
You can learn more about common questions and answers regarding home health care clinicians lawsuits here.
 
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. 
 
If you work or have worked as a home health care clinician and would like more information about your rights, contact us.