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FSLA Class Action Lawsuit

2,272 Views | 17 Replies | Last: 2 yr ago by ABATTBQ11
COSCAG67
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AG
My wife is a nurse practitioner and was not paid overtime during covid. She has been asked if she'd be interested in taking part in a lawsuit against the hospital along with many other nurse practitioners. We live in a smaller area and her hospital is the major employer. She is only PRN there currently (she left for another job due to the extra hours and other conditions they were forcing on everyone) and is concerned she may not be able to regain full time employment with the hospital down the road if she takes part in the lawsuit. She vaguely remembers an application question about her involvement in a lawsuit with the hospital (?).

Anyone with experience have any advice?
Silky Johnston
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Suing for unpaid hours worked is the new frontier of frivolous lawsuits. Like all frivolous lawsuits, the main benefactors are the lawyers that take the largest cut. What does your wife stand to gain? A few thousand bucks?
COSCAG67
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AG
Honestly I have no idea, and it's not about the money. The bull**** they put her through while she was about deliver a baby is really the motivation.
KT_Ag08
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If she worked OT and wasn't paid her OT then she should absolutely join a lawsuit to be compensated for those hours. She has nothing to lose here.
JamesPShelley
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COSCAG67 said:

Honestly I have no idea, and it's not about the money. The bull**** they put her through while she was about deliver a baby is really the motivation.
The BS. That's what encouraged me to help my wife inspire in several of her former employers (doctors and dentists) compliance with state and federal wage laws. Overtime and, mostly, break pay. The employers start out all nice and shiny... but the luster wears thin when your paychecks reveal you are making less than what should be your wage (or even less than your subordinates). My wife has held both hourly and salaried positions and, in those "several" to which I referred... recovery has been in excess of $25,000. One... two letters and compliance is achieved.

We remain friends with a couple of the MDs, and one just helped her land her new job. Her assertive "recovery" pursuits have not harmed her career.

In your case already a class action is in progress. Any letter you might send them, or action you commence I believe won't well serve you. They've already many people suing them so a letter from one more person likely won't phase them. I'm not an attorney. That's not legal advice.

The satisfaction of having a company (people) pay up is satisfying. I wish you and your family the best outcome.
fka ftc
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When you say "was not paid overtime" are you referring to her not being paid 1.5x on the overtime hours or not being paid for hours worked over 40/wk at all?

There are many, many exemptions to the 1.5x overtime multiplier. Even further exemptions in some states, such as Texas, where hospital workers can have their 40 work week averaged over 2 weeks. If you worked 60 one week and 30 the next, you would get 1.5x pay but only if it was policy to pay overtime over 40/wk.

That being said, suing your employer or potential employer comes with risk. Only you and your wife can make that decision.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
COSCAG67
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Not paid over 40 at all. She's salary so she's exempt from overtime. The issue, as I understand it, is that the exempt status can't be abused. For example, if you agreed to work 40 hrs, but end uo working 45... who cares. But if you end up working 60 consistently without any additional compensation (hospitals were rebounding from financial issues caused by covid / govt restrictions on elective procedures), then that would be considered "abusive". Everyone else was getting overtime pay, but not the nurse practitioners.
Another Doug
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Pro worker lib here. IMO, unless it is explicitly stated in contract, Salaried employees shouldn't sue for OT.
combat wombat™
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A person who paid a salary, rather than hourly, is not automatically an exempt employee.

The exempt classification has to do with the type of work the employee does. For example, executives and professionals are generally exempt employees.
SquanchyAg
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Salaried employees are paid for overtime? Since when? If you're salaried, you work until the job is done for whatever your salary is. That's why people negotiate salaries when they take jobs.
COSCAG67
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AG
Idk, ask a lawyer
combat wombat™
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Generally speaking, a secretary/admin assistant who is paid a salary isn't really an exempt employee. That doesn't mean a lot of employers don't treat them as such.
KT_Ag08
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The question shouldn't be "salaried or hourly". The question is exempt or non-exempt based upon the FLSA exemption tests. Having exempt employees work well over 40 hour weeks doesn't make them eligible for OT in TX based upon the case law I've seen.
SquanchyAg
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combat wombat said:

Generally speaking, a secretary/admin assistant who is paid a salary isn't really an exempt employee. That doesn't mean a lot of employers don't treat them as such.
interesting. learn something everyday. I guess I always figured the exempt vs non-exempt was an argument that salaried millennials made because they didn't want to work hard.
combat wombat™
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Wrong. I've been in public accounting for 25 years and this is a topic I remember early on. Along with employee vs independent contractor. SOOO many employers treat employees as independent contractors.
SquanchyAg
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combat wombat said:

Wrong. I've been in public accounting for 25 years and this is a topic I remember early on. Along with employee vs independent contractor. SOOO many employers treat employees as independent contractors.


There is absolutely nothing wrong about my post. I said that's what I thought.
combat wombat™
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AG
"What you thought" was wrong.
histag10
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SquanchyAg said:

combat wombat said:

Generally speaking, a secretary/admin assistant who is paid a salary isn't really an exempt employee. That doesn't mean a lot of employers don't treat them as such.
interesting. learn something everyday. I guess I always figured the exempt vs non-exempt was an argument that salaried millennials made because they didn't want to work hard.


Why the hate for millennials? I feel like you are really meaning Gen Z, but you dont know the difference.
ABATTBQ11
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SquanchyAg said:

Salaried employees are paid for overtime? Since when? If you're salaried, you work until the job is done for whatever your salary is. That's why people negotiate salaries when they take jobs.


Not all salaried jobs are the same. Salaried exempt does not get OT. Salaried non-exempt does. So there's really three classifications: Hourly, salary exempt, and salary non-exempt.

Where I work I set up a timecard system with a bunch of automated checks for things like holidays and vacation. All salaried employees get 10 holidays, while all hourly get 5, so to know if a holiday was coded correctly I needed to now if the employee was salary or hourly and what they were eligible for. However, hourly and salary non-exempt get OT, which was also a check. At the time, we only classified salary and hourly, even though our accounting/payroll system had all three classifications. Payroll had always just "known" who was who and manually checked who coded what every week. I had to have HR go in and change everyone to the correct designations based on their job descriptions and pay type to make it work.
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