Nurse Files Wage and Hour Class Action Over Unpaid Overtime

Plaintiff Elizabeth F. has filed a wage and hour class action in California federal court against her former employer, Maxim Healthcare Services.

According to the wage and hour class action lawsuit, Elizabeth, resides in San Diego. Maxim, is a Maryland corporation but which also does business in the County of San Diego.

The wage and hour class action lawsuit maintains that Elizabeth worked for Maxim as a licensed vocational nurse, or LVN, and had received an hourly wage. She alleges her work required her to travel off-site to provide medical care in patients’ homes.

However, according to the wage and hour class action lawsuit, Elizabeth says she and other proposed Class Members worked more than 40 hours per week or more than 8 hours per day but were not paid overtime pay as required by federal and state law.

She states that in a specific pay period which ended on July 22, 2017, her paystub was supposed to claim overtime hours that she had worked. Instead, however, she was paid only $9.50 for each hour instead of the $28.50 per hour that she was owed for her overtime hours.

The wage and hour class action lawsuit states that Maxim issued inaccurate wage and earning statements to the plaintiff. For any applicable pay perio,d the “wage and earning statements failed to identify plaintiff’s correct rates of pay and/or her correct gross and net earnings during the applicable pay period,” she claims.

Elizabeth says Maxim committed similar wage and hour violations against a proposed plaintiff Class consisting of “[a]ll current or former nonexempt employees who worked in California from October 24, 2016 to the present as or in connection with home caregivers or similar occupations and/or who defendants issued inaccurate paystubs.”

Wage and Hour Violations According to Federal and State Law

The Department of Labor estimates that roughly 70% of employers violate the FLSA, also known as the Fair Labor Standards Act. Wage and hour class action and individual lawsuits help limit violations and protect employees from such harms and violations of the FLSA.

There are several other violations that employees often face in addition to nonpayment of overtime from employers. Some of these common violations include misclassification of exempt employees, independent contractor misclassification, off-the-clock work, unpaid on-duty meal and rest breaks, improper calculation of the regular rate, improper deductions from salaried employees, illegal tipping practices, failure to pay minimum wage, and failure to pay overtime.

According to the FLSA, employees have generally two years from the time an employer violated the FLSA to file a lawsuit. However, in cases where there are willful violations, the filing of a wage and hour lawsuit may be extended to 3 years.

Elizabeth’s Wage and Hour Class Action Lawsuit is Case No. 3:17-cv-02178-CAB-NLS, in the U.S. District Court for the Southern District of California.

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