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A class suit composed of physician assistants, nurse practitioners, and other clinical nurse specialists recently sued Baylor Scott & White hospital. The plaintiffs represented by John Fabry of The Carlson Law Firm is alleging that they have been underpaid for overtime work. They have asked a Texas federal judge for certification against the healthcare system.
The motion was filed on Wednesday asking the U.S. District Judge David C. Godbey for conditional class certification in the lawsuit alleging violations of the Fair Labor Standards Act. The lawsuit includes both as many as 500 health care professionals employed by Baylor Scott and Baylor Scott & White Health and affiliated HealthTexas Provider as defendants.
The FLSA imposes a two-year deadline to bring claims, but the plaintiffs are arguing that the violations were “willful” and the court should approve a three-year limitation period. Benjamin Kunze, along with 17 other plaintiffs said that they were not paid on a salary based and were not paid for the overtime hours worked during the last three years and to the present time.
The suit was filed on May 15 and Baylor Scott & White responded on July 14 denying the allegations and saying the workers shouldn’t be treated as a class. Fabry said that the employees were getting deductions on their paychecks. These employees were told that they were salary workers, but when worked less than 40 hours, there was a deduction in pay that matched with an hourly rate for the hours not worked.
Fabry added that Baylor Scott & White and HealthTexas “made an attempt at correction” on the deducted paychecks.
“Our contention is that because it was a part of policy and practice, not an inadvertent mistake, that it’s not a correctable violation,” Fabry said.
The proposed class is seeking back pay, an equal amount of liquidated damages, and attorney fees.
How can The Carlson Law Firm Help
If you believe that your employer isn’t paying you correctly, it is in your best interest to speak to a Wage Loss/ FLSA attorney. Here at The Carlson Law Firm, we can help guide you. Contact us for a free consultation to answer all your questions.