In April, 2015, Martin & Martin filed a lawsuit against a nursing staffing company alleging that the company did not properly pay its staffing coordinators. The employees allege that as staffing coordinators they were required to work on-call hours filling open shifts and ensuring appropriate coverage of clients. The Complaint alleges that the staffing coordinators worked at least forty hours per week at the office Monday through Friday and then were required to handle on-call shifts covering after hours during the week and all day and night during the weekends responding to calls regarding caregiver issues.
The Complaint alleges that the company did not include the on-call time in the calculation of hours worked by the employees violating the Fair Labor Standards Act (“FLSA”) for failing to meet the requirements for any of the exemptions from application of the overtime compensation requirements of the FLSA under 29 U.S.C. §§ 207 or 213. The staffing coordinators seek unpaid overtime, liquidated damages (“double damages”) and attorneys’ fees and costs.
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