Federal Overtime Law Violations Alleged at Physical Therapy Business

Alleged violations of the federal overtime law have spurred a wage and hour class action lawsuit against an Arkansas employer.

Lead plaintiff Danny Bingaman was employed as a physical therapy assistant at Therapy Zone Incorporated where he often worked more than 40 hours per week.

Bingaman and other physical and occupational assistants provided physical therapy assistance, occupational therapy assistance, contacted clients, scheduled appointments, completed relevant paperwork and fulfilled other duties as assigned by their employer.

Alleged Violations of Federal Overtime Law Regarding Pay

According to the federal overtime law complaint, Bingaman and fellow employees “were classified as hourly employees and paid a flat rate with no overtime premium.”

As hourly, non-exempt employees, Bingaman says, the physical and occupational assistants should have been paid time and a half for any hours worked in excess of 40 per week. By allegedly not paying the workers adequately, Therapy Zone was in violation of the Fair Labor Standards Act.

The proposed Class includes those employed by Therapy Zone within the last three years, approximately 25 to 50 people.

The federal overtime law lawsuit says Therapy Zone’s failure to pay proper overtime compensation has been “willful, intentional, unreasonable, arbitrary and in bad faith.”

Therapy Zone operates a therapy and wellness company known as Arkansas Physical Therapy & Wellness, which is headquartered in Little Rock, Arkansas. The company operates eight to ten therapy centers in the states of Arkansas and Missouri, offering physical therapy, occupational therapy and speech therapy.

Billy Johnston owns Therapy Zone and is the president and incorporator of the business. Georgia Johnston is vice president and incorporator of Therapy Zone, and according to Bingaman she “controls or has the right to control the day-to-day operations” and “established and/or maintained the policies at issue in this case.”

Both Billy Johnston and Georgia Johnston hired Bingaman “and other similarly-situated employees, paid them wages and benefits, controlled their work schedules, duties, protocols, applications, assignments and employment conditions, and kept at least some records regarding their employment.”

Federal Overtime Law Makes Pay Requirements Clear

A non-exempt employee who works more than 40 hours in a workweek has to be paid no less than one-and-a-half times the regular rate of pay, according to the Fair Labor Standards Act. There is no limit on the number of hours an employee can work within any workweek as long as the employee is 16 years old or older.

The “workweek” can begin on any day and at any hour of the day. A fixed period of 168 hours, meaning seven consecutive 24-hour periods, does not need to coincide with a calendar week, but averaging the hours worked over two or more weeks to skirt overtime laws is prohibited.

When employees have worked overtime, they should expect to see that extra compensation on their next regular pay day.

The Federal Overtime Law Lawsuit is Case No. 4:17-cv-00402-BRW in the U.S. District Court for the Eastern District of Arkansas, Western Division.

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