Maxim Litigation Exposure for Maxim Healthcare Services Inc.

Cleveland, OHWhen Jasmine Lawrence filed her Maxim HealthCare Services employment class action lawsuit this past October, she wasn't the first plaintiff to hit the health care provider up with a lawsuit. In fact, Maxim Healthcare has been facing Maxim litigation on a number of fronts.

In fact, this past October was a challenging month for Maxim. It was in October 2012 when Lawrence filed her Maxim Healthcare Services overtime class action lawsuit seeking damages and compensation for failure to pay overtime, as her lawsuit alleges.

A week later, another lawsuit was initiated by a group of 17 plaintiffs alleging that a radiology technician hired by Maxim may have exposed as many as 2000 patients at various hospitals to which the man was directed for employment, to hepatitis C.

That lawsuit, which is seeking class action status, was filed October 23, 2012 in Allegheny County Common Pleas Court.

Based out of Maryland, Maxim Healthcare Services Inc. is a national employment agency dedicated to the healthcare field. The firm provides healthcare workers for in-home personal care and other services. Amongst those working for Maxim are nurses, therapists, health care aides and medical social workers.

Maxim has also been known to provide individuals to hospitals as required. The Pittsburg Post-Gazette (10/24/12) references Maxim as a 'staffing agency.' In the case of David Kwiatkowski, the former radiology technician was provided to UPMC and various other hospitals by Maxim. It is alleged that Kwiatkowski was abusing the painkiller fentanyl and was abusing, and re-using syringes--the alleged source of the possible hepatitis C contamination.

According to The Post-Gazette, Kwiatkowski was exposed and terminated from his duties at a UPMC hospital in Pittsburgh, at which he provided radiology services from March to May 2008. However, according to the report even after his termination from the hospital, Kwiatkowski was still employed by Maxim. The latter is named in the lawsuit brought by 17 patients, alleging that Maxim had a hand in exposing as many as 2000 patients to hepatitis C. The lawsuit is seeking class action status.

As for Lawrence's Maxim overtime lawsuit, she isn't the first plaintiff to have issues with Maxim over alleged non-payment of overtime.

Four months before Lawrence brought her overtime lawsuit against Maxim Healthcare Services, the recruiting firm agreed to pay $12.3 million to settle allegations that Maxim failed to pay overtime to workers having toiled in excess of 40 hours in any given work week.

The lawsuits, which dated back three years, alleged Maxim incorrectly classified their employees as exempt from receiving overtime.

It's a similar refrain for Lawrence, who filed her Maxim HealthCare Services employment class action lawsuit in Ohio Northern District Court at Cleveland. The lawsuit alleges Maxim violated both the Fair Labor Standards Act (FLSA) and various Ohio employment statutes. The lawsuit is Case No. 1:2012cv02600.