New York, NY: A nationwide class action lawsuit has been filed against one the country's largest home health care service providers, Gentiva Health Services, Inc. ("Gentiva"), alleging violations of the Fair Labor Standards Act (FLSA).
The lawsuit asserts that Gentiva, which employs some 30,000 health care workers, treats visiting nurses and other health care providers as exempt from the overtime requirements of the FLSA and refuses to pay these employees for all hours worked. Gentiva pays nurses and other health care providers on a "per visit" basis for some work, an hourly rate for other work, and fails to pay anything at all for other hours worked. Plaintiffs allege this hybrid compensation scheme does not meet the requirements of state or federal wage and hour law.
Attorneys representing the plaintiffs have petitioned the court to conditionally certify the lawsuit as a nationwide FLSA collective action and provide all similarly situated employees notice for an opportunity to join the lawsuit so that all current and former Gentiva registered nurses, therapists, and other health care providers who are not paid for all hours worked may be eligible to participate in this legal action.
