The employment lawyers at Dunham & Jones, P.C., have filed a lawsuit against Excel Staffing Services, Inc. The lawsuit alleges that Excel hired Licensed Vocational Nurses (LVNs) to work as Private Duty Nurses or Travelling Nurses at various health care facilities throughout Texas and the United States. The lawsuit alleges that, although Excel called these nurses “independent contractors”, they were actually employees who were entitled to be paid overtime for all hours worked over forty (40) in any workweek during the previous three years.
The suit was filed on behalf of the named plaintiff, Christie Craven, and all other nurses who were hired by Excel as “independent contractors” during the past three years. Although Excel is based in Greensboro, North Carolina, the suit was filed in Federal District Court in Houston, Texas.
Rather than responding to the lawsuit, Excel Staffing Services, Inc., in an apparent attempt to avoid liability, closed the business and reopened under the new name of Excel Staffing Professional Nursing, Inc. In response, the lawyers at Dunham & Jones, P.C. amended their lawsuit to include the new business and its individual owners and managers as defendants.
In the lawsuit, Christie Craven alleges she was hired by Excel as an “independent contractor” and was assigned to work at various health care facilities throughout Texas. She regularly worked more than forty (40) hours per week and was not paid overtime for this work. Christie Craven also alleges that she was legally an “employee” and not an “independent contractor” and was entitled to be paid time and one-half for her overtime work. She is seeking twice the amount of her unpaid overtime in addition to her attorney’s fees and court costs. She filed the suit on behalf of herself and all other nurses who worked for Excel as an “independent contractor” in the past three years.
The lawsuit was brought under the Fair Labor Standards Act (FLSA) which requires that nurses who wish to participate in the suit actually file papers to opt-into the case. Nurses who wish to participate in the suit to recover unpaid overtime may do so by contacting the lawyers at Dunham & Jones, P.C.
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