Ex-Employee Claims Marshall Health Denied Healthcare Workers Proper Overtime Pay

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University Physicians & Surgeons, Inc. faces a proposed collective action in which a former certified medical assistant claims employees were not paid proper overtime wages.

According to the case, the defendant, which does business as Marshall Health in various locations throughout West Virginia and Kentucky, pays its home healthcare workers at their regular hourly rate for all hours worked in excess of 40 each week instead of the time-and-a-half overtime rate mandated by the Fair Labor Standards Act (FLSA).

The plaintiff, who worked for the health and medical care service provider between August 2016 and July 2020, claims there were several pay periods during the summer of 2020 in which she reported overtime hours and was paid at her regular rate for such hours.

Per the case, Marshall Health alleged that it could not afford to properly pay the plaintiff for the hours she worked.

The lawsuit claims the defendant “willfully operated under a common scheme” to deprive healthcare workers of earned overtime pay “by paying them less than what the FLSA requires.”

According to the suit, the defendant knew or should have known that the plaintiff and other employees were putting in overtime hours without receiving proper pay yet willfully failed to comply with its obligation under federal law.

“Defendant was aware, or should have been aware, of its unlawful payment practices and recklessly chose to disregard the consequences of its actions when it disregarded Plaintiff’s having logged overtime hours,” the complaint scathes.

The lawsuit looks to represent all healthcare employees who were paid on an hourly or per diem basis and worked for the defendant within the past three years or until the date of final judgment in the case.

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