Unpaid Wages Lawsuit Filed Against Medical Solutions

Medical Solutions LLC was named a defendant in a collective and class action unpaid wages lawsuit filed in U.S. District Court, Eastern District of California on Sept. 6, 2017.

The complaint was filed by plaintiff Bryon D., a resident of the State of California and former employee from 2016 to 2017 with non-exempt hourly status.

This unpaid wages lawsuit accuses Medical Solutions LLC of failing to accurately value the housing, meal and incidental stipend that was a part of the travel assignment agreement (TAA) the healthcare professionals worked under.

In so doing, the hourly wage given was not accurate and could not form the basis for determining an accurate overtime wage which should be one and one-half times an employee’s regular rate of pay.

The Travel Assignment Agreement

According to the narrative in this unpaid wages lawsuit, healthcare professionals were guided in their employment with the defendant by the terms as outlined in the TAA. The TAA governed the professionals and stipulated that each one work a minimum number of hours per week.

As part of the contract, healthcare professionals were given company-provided housing or a housing stipend and an additional meals and incidental stipend.

The TAA clearly spelled out that the employee’s ability to receive such stipends was conditioned upon the working of a minimum number of hours. The contract stated that each employee that failed to complete the specified workload as measured in hours would be docked missed shift charges to recover funds invested in housing and meal subsidies.

The value of the subsidies was never broken down and itemized or added to the hourly wage. Since Bryon D. and other plaintiffs that are part of the class often worked more than eight hours per day and 40 hours per week, the calculation of overtime wages was inaccurate without this assessment.

Allegations and Requests for Relief

Bryon D. and other plaintiffs are bringing the following complaints against Medical Solutions, LLC in this unpaid wages lawsuit:

• First Cause of Action – Failure to Pay Overtime Wages, a violation of California Labor Code 510, 1194.
• Second Cause of Action– Accusation of Unfair Business Practices, a violation of California Business and Professional Code 17200;
• Third Cause of Action -Assessment of Waiting Time Penalties, due to violation of California Labor Code 203;
• Fourth Cause of Action –Violations of the Fair Labor Standards Act (FLSA) 29 U.S. Code 201.

The plaintiff is asking for this unpaid wages lawsuit to be certified as a class action under California State law and as a collective action under the FLSA. He also requests that the judge decree that the defendants violated all state and federal codes as enumerated in the legal documentation.

Bryon D. requests all unpaid overtime wages, liquidated damages, and court and attorney’s fees be returned to himself and class members.

This Unpaid Wages Lawsuit is Case No. 2:17-cv-01851-MCE-CKD in the U.S. District Court for the Eastern District of California.

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