A former employee of HealthStar Home Health, Inc. (“HealthStar”) filed a lawsuit on September 28, 2015 in the United States District Court for the District of Minnesota for violations of federal and state law, seeking unpaid overtime pay. The named plaintiff, a “private duty nurse,” brought the case on behalf of herself and similarly situated nurses who worked for HealthStar within the past three years.
In the complaint, she alleges that HealthStar failed to pay private duty nurses the legally required overtime premium at one and one-half times their regular hourly rates for all overtime hours worked. She alleges HealthStar only paid private duty nurses “straight time” for work with hourly clients and a per diem for work with per-diem clients. The complaint alleges that, in the few instances when the company did pay overtime, it did not provide it for all overtime hours and it did not calculate it using the proper overtime rate. The plaintiff seeks unpaid overtime wages and liquidated damages.
Plaintiff's attorney Rachhana Srey explained, “private duty nurses perform important work, and they should be compensated accordingly. This means with a legally-required overtime premium for all hours worked over forty in a work week.”
Plaintiffs are represented by Rachhana T. Srey and Rebekah L. Bailey from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled, Clevenger v. Healthstar Home Health, Inc.. No.: 0-15-cv-03748 (District of Minnesota).
Additional information about how to make a claim in the case may be found by calling Nichols Kaster, PLLP toll free at (877) 344-4628.