Bayada Home Health Care Knocked with Hybrid Wage Scheme Lawsuit

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A former employee has filed a proposed class action against Bayada Home Health Care, Inc. alleging she and similarly situated workers were intentionally misclassified as exempt from overtime pay. The Pennsylvania lawsuit says proposed class members—individuals currently or formerly employed as registered nurses, physical and occupational therapists, speech language pathologists and medical social workers—were subject to a “hybrid wage scheme” that was “plainly inconsistent with their classification as overtime exempt.” This hybrid wage scheme allegedly consisted of paying fixed, per-visit wages for some work, hourly payments for other tasks, and no compensation at all for additional work duties.

According to the plaintiff, the defendant paid its unlawfully exempt home health care workers on a combined per-visit and hourly basis that did not include the time-and-a-half overtime premium for hours worked over 40 per week.