MAXIM Faces Unpaid Overtime Class Actions and Hepatitis C Negligence Lawsuit


. By Lucy Campbell

A class action lawsuit has been filed against UPMC, UPMC Presbyterian Shadyside a/k/a University of Pittsburgh Medical Center Presbyterian Shadyside d/b/a UPMC Presbyterian and Maxim Healthcare Services, Inc. d/b/a Maxim Staffing Solutions alleging negligence in the case of David Kwiatkowski, the medical technician who is accused of infecting and/or exposing thousands of patients to the Hepatitis C virus in at least eight states.

The lawsuit alleges that negligence by UPMC and Maxim allowed Kwiatkowski to expose thousands of UPMC patients and employees to the Hepatitis C virus that is believed to have caused at least one fatality. This lawsuit includes a wrongful death action on behalf of a patient who died of cirrhosis of the liver, a condition often related to the Hepatitis C virus. It also includes nine other UPMC Presbyterian patients that received a letter notifying them of possible exposure to the Hepatitis C virus, three of which tested positive, five tested negative and one currently waiting on results of the Hepatitis C Antibody Screen.

Several unpaid overtime class action lawsuits have been filed against MAXIM Healthcare by current and former employees in California, Texas and Illinois, all alleging that as Healthcare Recruiters and/or Staffing Recruiters, they were and are misclassified such that they are paid a salary but not overtime, nor are they provided off-duty meal periods as required by Federal wage laws.

The plaintiffs in the unpaid overtime class actions are seeking thousands of dollars of back wages for time spent working in excess of 40 hours a week, including time spent working on call, attending flu clinics, working at home and while making sales calls.

Past and present employees who worked or work for MAXIM in the state of California, Illinois or Texas as a Homecare Recruiter, Staffing Recruiter or any other type of recruiter, or in any job position whose title includes the word "Recruiter” may be eligible class members.

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