Medicus Healthcare Solutions is a health care employment staffing agency that provides health care staff to providers and facilities across the country. A recent collective action filed against the company alleges that Medicus failed to pay non-exempt, salaried recruiters overtime as the Fair Labor Standards Act (FLSA) mandates. Merely being paid on a salary basis does not make an employee exempt from overtime, their job duties must also meet the required tests.
Whatever industry you work in, you can be at risk of overtime violations if your employer does not follow FLSA requirements. If you believe you may be experiencing wage theft and are unsure about your rights, an attorney can help you understand your legal protections and what to do next.
Understanding the Collective Action Against Medicus for Overtime Violations
A collective action is similar to a class action, except that class members must “opt-in” to join the case – whereas in a class action, class members are included unless they “opt-out” to exclude themselves from the case. A collective action enables a group of similarly situated individuals to file a single lawsuit against a common defendant, such as an employer, allowing them to collectively seek compensation for the harm they suffered. The lead plaintiff in the collective action and other similar workers who opt-in to the case allege that Medicus did not pay non-exempt salaried recruiters overtime as federal law requires.
The FLSA requires that any overtime hours a non-exempt employee works must be compensated by overtime wages of 1.5 times the employee’s regular wage. Plaintiffs in the Medicus lawsuit are requesting back wages for:
- Unpaid overtime
- Liquidated (double) damages
- Attorneys’ fees
When Salary Does Not Exempt You From Overtime
A salary alone does not exempt an employee from overtime pay. Even if you are paid a salary that meets the minimum threshold of $684 per week ($35,568 per year), this does not automatically mean you are exempt from overtime pay.
Non-exempt employees should always receive overtime wages if they work more than 40 hours in a workweek. Employees may receive payment in a variety of ways, including on a salaried, hourly, day-rate or commission basis, and should still receive overtime wages when they cross into overtime hours – if they are non-exempt.
Only an employee classified as exempt under the FLSA is not required to be paid a premium for overtime pay. Exempt employees are often in highly compensated professional or leadership roles. Examples of employees who can be exempt from overtime pay include:
- Executive employees who manage a company or department and have the authority to hire and fire employees
- Administrative employees who have significant decision-making authority and perform office work related to business operations or management
- Professional employees who have advanced knowledge in a field of science or learning
- Outside sales employees who sell products or services
- Computer employees who work in certain technology-related occupations
Companies may sometimes misclassify non-exempt workers as exempt workers or categorize employees as independent contractors to avoid paying overtime wages. Even if an employee meets a certain salary threshold, they must still satisfy the duties test to be considered exempt from overtime.
An employee’s duties must broadly involve executive, administrative, or professional work to qualify for exemption. If your employer is claiming that you are not entitled to overtime because you are paid on a salaried basis (at least $684 per week / $35,568 per year) but you suspect that your job duties do not meet the legal requirements, they could be withholding rightful wages. Our firm can examine your potential claim and help you understand your legal rights.
Reach Out To an Attorney About Your Potential Overtime Claim
If you suspect that your employer is not paying you the right amount of overtime or is wrongfully denying you overtime, you may need legal help. However you are paid, if you are classified as a non-exempt employee you are entitled to overtime wages.
It is crucial that you work with an attorney to obtain the legal compensation you deserve in an overtime claim. An experienced lawyer can provide skilled representation and aggressively pursue a favorable outcome for your case. Reach out now using our chat or submit a form to request your free confidential review.
