LVN's and Overtime

Dunham & Jones, Attorneys at Law helps LVN's and nurses collect unpaid overtime from their employers.

Lawsuit filed: Dallas LVN claims unpaid overtime from Nexion Health at Terrell, Inc.

On September 24, 2013, Dunham & Jones P.C. filed suit in Federal Court in Dallas against Defendants on behalf of former LVN Armour Robinson, alleging overtime violations.

Ms. Robinson filed suit under the Fair Labor Standards Act (“FLSA”) for all unpaid overtime hours worked within the three-year period prior to the filing of the suit.

Ms. Robinson, who worked in Dallas, Texas, alleges that she worked through her lunch, but was not paid for this time.

If you or someone you know worked as an LVN for Nexion Health at Terrell, Inc., contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

Lawsuit filed against Universal American Corporation

Dunham & Jones, P.C. has recently filed a collective action suit in Houston Federal District Court against Universal American Corporation, a publicly traded company (NYSE: UAM) with more than 2,000 employees nationwide. Universal American claims to have been on the cutting edge of healthcare for nearly 20 years.

The lawsuit claims that Universal American hired Licensed Vocational Nurses to work in the position of “Pre-Certification Nurse”, “Utilization Review Nurse” or other job titles performing pre-screening activities for Universal American. The suit alleges that even though these employees were entitled to overtime pay for working more than 40 hours in a week, Universal American failed to pay them time and one-half for their overtime hours. In fact, it appears that Universal American didn’t even keep track of these nurses’ hours.

The suit, brought by former LVN’s Margot Allen and Lydia Roumo, argues that there are additional nurses that performed the same duties that also were not paid overtime. Allen and Ruomo are seeking their overtime wages for the three year period preceding the lawsuit, are seeking double, or liquidated damages, and are seeking attorney’s fees.

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. Many people are under the misconception that if they are paid on a salary, they are not entitled to overtime. This is simply not true.

Even though Universal American paid Allen and Roumo a salary and failed to keep track of their hours, neither of these facts have anything to do with Allen and Roumo’s entitlement to overtime. Many people are under the misconception that if they are paid on a salary, they are somehow not entitled to overtime. This is simply not true. For more information about the Universal American case or to have an experienced overtime attorney review the facts of your case, feel free to call the overtime attorneys at Dunham & Jones, P.C. 1-800-344-4444, or go to www.fairpay.com.

Lawsuit filed against Excel Staffing Services, Inc. for overtime violations

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.