Maxim Healthcare Services, Inc., Has Two Unpaid Overtime Class Action Lawsuits
Maxim Healthcare Services, Inc, a corporation that provides in-home personal care, management and/or treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides is facing two separate class action lawsuits.
Both lawsuits allege Maxim failed to pay salaried employees for overtime compensation when those employees worked more than 40 hours a week.
One of the lawsuits, filed by a salaried healthcare recruiter working from an office location claims Maxim illegally did not pay him and “similarly situated” individuals overtime compensation for work that was not exempt from that requirement and that this action was in direct violation of the Fair Labor Standards Act (FLSA).
This lawsuit seeks to certify a class of similarly situated Maxim employees including all current and former salaried recruiters, including healthcare recruiters, homecare recruiters, staffing recruiters and senior recruiters, who were employed by Maxim Healthcare Services Inc. at any time during the past three years.
Second Unpaid Overtime Class Action Lawsuit Against Maxim Healthcare
The second lawsuit is an employment class action lawsuit filed by Jasmine Lawrence, who was formerly employed as a Home Health Aide for Maxim.
Lawrence alleges that Maxim Healthcare Services Inc, violated, and continues to violate, the Minimum Fair Wage Standards Act, because of its failure to compensate her and the class members at a rate not less than one and one-half times the regular rate of pay for work performed in excess of 40 hours in a workweek.
Lawrence claims she regularly worked over 70 hours per week while employed by Maxim and that the majority of her time was spent performing general housekeeping duties as opposed to patient care, the job she was hired to do.
Lawrence also alleges that she and the members of the putative class who are employed by the Defendant in Ohio are “employees.”
Though overtime laws vary among states, they typically require employers to pay overtime-eligible employees an amount above their standard hourly rate for every hour worked above the established threshold in each state. The act of circumventing this requirement is a common cost-cutting method for some businesses as is requiring that employees continue working after clocking out for the day.
Peter K. Levine
A Professional Law Corporation