Unpaid Overtime Lawsuit Against Guardian Healthcare, Gem City, Evolution Health, and Care Connection
Coffman Legal’s Ohio FLSA Overtime Attorneys filed a Collective and Class Action Lawsuit against Evolution Health, Care Connection of Cincinnati, Guardian Healthcare, and Gem City Home Care for failing to compensate Ohio in-home care workers, such as occupational therapists (“OTs”), physical therapists (“PTs”), speech therapists (“STs”), and registered nurses (“RNs”) any overtime wages despite the fact that they regularly performed overtime work. The lawsuit alleges that OTs, PTs, STs, and RNs were not paid on a salary or fee basis and thus were entitled to overtime compensation. Instead of paying OTs, PTs, STs, and RNs on a salary or fee basis, OTs, PTs, STs, and RNs were paid per visit with variations from such pay for longer visits, longer drives, etc. In addition, OTs, PTs, STs, and RNs were paid on an hourly basis for meetings, trainings, etc. Thus, because OTs, PTs, STs, and RNs were not paid a salary or on a true fee basis, they were entitled to receive overtime compensation for overtime hours worked.
This lawsuit provides an example of how an employer can underpay its employees in violation of the FLSA by not paying them overtime wages where they are also not paid on a salary or fee basis as required under the law. The lawsuit seeks unpaid overtime wages, 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 Carr v. Evolution Health, LLC, Case No. 2:20-cv-6292. The Complaint has been amended and it is currently pending as Carr v. Guardian Healthcare Holdings, Inc. The lawsuit currently seeks unpaid overtime on behalf of all Ohio OTs, PTs, STs, and RNs.
Additional information about the unpaid overtime collective and class action against Guardian Healthcare may be found by contacting our office by calling 614-949-1181 or emailing firstname.lastname@example.org. If you have any questions about whether you are being properly paid all overtime wages earned for all of the compensable hours you work (including overtime), then contact our office today for a FREE and CONFIDENTIAL consultation with our overtime lawyer regarding any wage and hour issues.