Maxim Healthcare Has Second Unpaid Overtime Class Action Lawsuit

By Peter Levine posted in Discrimination, Employment Law, Law, Unpaid Overtime on November 19th, 2013

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

Suit Alleges Silicon Valley Execs Conspired To Keep Wages Low

By Peter Levine posted in Employment Law on October 30th, 2013

Class action lawsuit in an alleged “overarching conspiracy”

U.S. District Judge Lucy Koh in San Jose has granted class action status to a lawsuit alleging an “overarching conspiracy” amongst major Silicon Valley companies to suppress employee compensation obtained from moving from one company to another.

By winning the class action certification, the more than 60,000 plaintiffs made up of technical employees including: software and hardware engineers, component designers, application developers, among others, now have more leverage to seek larger financial settlements than if they were to sue individually.

In 2011, five software engineers sued Adobe Systems Inc., Intel Corp., Apple Inc., and Google Inc., among others over their hiring practices, alleging that the Silicon Valley companies conspired with other local executives to limit the workers’ pay by barring them from moving from one company to another, thus suppressing employee compensation to artificially low levels.

In conspiring to eliminate competition for labor and depriving workers of job mobility as well as hundreds of millions of dollars in compensation, the defendants were accused of violating the Sherman Act and Clayton Act antitrust laws.

In their original complaint, the plaintiffs sought certification of an “All Employee” class that would include every salaried employee throughout the United States who worked for the defendant companies between 2005 and 2009. That number was estimated to be more than 100,000.

The plaintiffs limited their class action group, now down to 60,000 after Judge Koh said they had yet to show enough in common amongst these proposed class members to allow them to sue together.

Much of the case built on email exchanges

The case has been closely watched in Silicon Valley as much of it has been built on email exchanges between top executives, including the late Apple Chief Executive Steve Jobs as well as former Google Chief Executive Eric Schmidt.

In granting class-action status to the suit Koh cited what she termed “considerable, compelling common proof” that the Silicon Valley companies engaged in antitrust behavior by agreeing not to try to lure away each others’ employees.

Peter K. Levine
A Professional Law Corporation

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