Our experienced unpaid Overtime Lawyers filed a collective and class action lawsuit against Landmark Recovery / Praxis (“Landmark Recovery”) for failing to compensate its hourly direct care employees (such as patient engagement specialists, licensed practical nurses, therapists, therapist assistants, medical assistants, and aides) for all overtime hours worked.
On November 7, 2022, Coffman Legal, LLC filed a Collective and Class Action Complaint against Landmark Recovery on behalf of hourly direct care employees for the alleged failure of Landmark Recovery to compensate its hourly healthcare employees for all overtime wages in violation of the Fair Labor Standards Act (“FLSA”); the Ohio overtime compensation statute, Ohio Rev. Code Ann. § 4111.03; and the Ohio Prompt Pay Act, Ohio Rev. Code Ann. § 4113.15.
The Complaint alleges that Landmark Recovery does not pay its hourly direct care employees all overtime wages to which they are entitled because it has a policy that requires a daily meal break deduction, usually of thirty (30) minutes, from its hourly direct care employees’ hours worked. This meal break deduction is taken from their hours worked regardless of whether or not these employees actually receive a fully uninterrupted meal break, which is referred to as a “bona fide” meal break. Although employers are permitted by the law to make such deductions, they may only do so if their employees are receiving bona fide meal breaks. The law provides the following relative to bona fide meal breaks:
Thus, if employees’ meal breaks are missed, shortened, or otherwise interrupted by job duties, then employers must pay employees for their meal breaks. Similarly, employers cannot deduct a full meal break from employees’ hours worked if such break is essentially “split up” into multiple smaller breaks throughout the workday. Because Landmark Recovery unlawfully took these meal break deductions for non-bona-fide meal breaks, its hourly direct care employees have accrued unpaid overtime. The Complaint alleges that such conduct is a willful violation of federal and state wage and hour laws, including the respective overtime laws.
This lawsuit provides an example of various ways in which an employer like Landmark Recovery may underpay its employees in violation of the FLSA. This unpaid overtime adds up over the course of weeks and years. The FLSA sets forth the minimum compensation employees must be paid, including overtime pay, and non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA.
The lawsuit seeks unpaid overtime wages since November 7, 2019, liquidated damages in an amount equal to the unpaid overtime (or, in other words, 200% of the unpaid overtime damages total when liquidated damages are also included), attorneys’ fees, and costs, among other things. The lawsuit was filed in the U.S. District Court for the Northern District of Ohio, Western Division and is entitled Hale v. Landmark Recovery Development Co, LLC, Case No. 3:22-cv-2011.
Additional information about the unpaid overtime collective and class action against Landmark Recovery may be found by contacting our office by calling 1-888-619-2729 or emailing firstname.lastname@example.org. If you have any questions about whether you are being properly paid for all of the compensable hours you work, including during meal breaks, then contact our office today to speak with our experienced overtime attorneys regarding any wage and hour issues, including unpaid overtime.