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Overtime Wages Meal Break Lawsuit Filed Against CareCore Health

By Coffman Legal, LLC | Posted on Aug 29 2022

Our experienced unpaid Overtime Lawyers filed a collective and class action lawsuit against CareCore Health LLC (“CareCore”) for failing to compensate its hourly employees for all overtime hours worked.

On August 22, 2022, our overtime attorneys at Coffman Legal, LLC filed a Collective and Class Action Complaint against Defendant CareCore on behalf of hourly employees for the alleged failure of CareCore to compensate its hourly 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 CareCore does not pay for all overtime hours worked because CareCore has a policy requiring meal break deductions of thirty (30) minutes for its hourly employees regardless of whether or not they are receiving a fully uninterrupted 30-minute meal break (i.e., a bona fide meal break). The law provides employers with the ability to make meal break deductions if employees are receiving bona fide meal breaks, but these breaks must be paid if they are missed or interrupted. Employers similarly cannot utilize a meal break deduction when allowing employees to take a total of thirty (30) minutes for a meal break if such time is not consecutive but rather split up throughout the workday. This unlawful deduction of non-bona-fide meal breaks resulted in 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 CareCore 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 August 22, 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 Southern District of Ohio, Western Division (Dayton) and is entitled Gudger v. CareCore Health LLC, Case No. 3:22-cv-239.

Additional information about the unpaid overtime collective and class action against CareCore may be found by contacting our office by calling 1-888-619-2729 or emailing mcoffman@mcoffmanlegal.com. 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.

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