FLSA Overtime Attorneys filed a Collective and Class Action Lawsuit against OhioHealth Corporation for failing to compensate its Protective Services officers for time spent gearing up and gearing down for work.
On October 8, 2020, the law firm of Coffman Legal, LLC filed a Collective and Class Action Complaint against OhioHealth Corporation (“OhioHealth”) on behalf of hourly Protective Services officers (“officers”) for the alleged failure of OhioHealth to compensate its officers for all overtime wages in violation of the Fair Labor Standard Act (“FLSA”).
OhioHealth is a corporation that operates a system of hospitals and healthcare provides throughout the State of Ohio, including, but not limited to, Grant Medical Center and Grove City Methodist Hospital where it employed the Named Plaintiff and other hourly officers.
The Complaint alleges that OhioHealth required its officers to arrive at their respective hospital prior to start of their scheduled shift in order to gear up, which included, but is not limited to, acquiring their firearm from a lockbox, acquiring their taser, obtaining their firearm magazines and magazine holster, obtaining their radio, donning their uniform and vest, and securing their firearms and tools to their uniform. The Complaint alleges that OhioHealth required its officers to be fully geared up and ready for patrol before they could clock in for work. Similarly, the Complaint alleges that OhioHealth requires its officers to clock out from work before they can gear down, which consists of removing all of their equipment and storing in the appropriate place. The lawsuit alleges that officers were not compensated for either the “gear up” or “gear down” processes resulting in unpaid overtime.
The FLSA requires an employer to pay employees for their work. While “activities which are preliminary to or postliminary to [the employee’s] principal activity or activities” is not compensable work, the principal activities themselves and the activities which are an “integral and indispensable part of the activities” are compensable. Integrity Staffing Sols., Inc. v. Busk, 574 U.S. 27, 31,135 S.Ct. 513, 190 L.Ed.2d 410 (2014). The Complaint alleges that the “gear up” and “gear down” processes were integral and indispensable job duties which began and ended the officers’ continuous workday. Accordingly, officers should have been paid for all time beginning with the start of the “gear up” process until the end of the “gear down” process.
The unpaid overtime damages add up over time, and non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA for their labor. The lawsuit seeks unpaid overtime wages since October 8, 2017, liquidated damages in an amount equal to the unpaid overtime, attorney’s fees, and costs, among other things.
The lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division (Columbus) and is titled Dane Melgard v. OhioHealth Corporation, Case No. 2:20-cv-5322.
Additional information about the collective and class action against OhioHealth may be found by contacting our office by calling 1-614-949-1181 or emailing firstname.lastname@example.org or email@example.com. If you have any questions about whether you are being required to engage in off-the-clock job duties and not being properly paid for all of the compensable hours your work at the proper rate of pay, then contact our office today to speak with our Overtime Attorneys regarding any wage and hour issues.