Lawsuit: Encore Health Resources Fails to Pay Consultants Overtime

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A proposed class action has been filed against Encore Health Resources, LLC on behalf of “At the Elbow” (ATE) Go-Live Support consultants who the case claims weren’t paid proper overtime wages.

According to the complaint, ATE consultants were responsible for providing training and support to medical facilities after their implementation of Encore’s electronic recordkeeping software. Consultants were paid hourly, the case continues, yet received only their straight-time rate for all hours worked regardless of how many overtime hours they worked.

In fact, the suit alleges, ATEs often worked 12 hours per day, seven days per week, for weeks at a time when they were on a project without receiving premium overtime wages in accordance with state law and the Fair Labor Standards Act (FLSA). The lawsuit argues that ATEs didn’t fall under any FLSA exemptions and performed their duties “within closely-prescribed limits provided by Encore.” The plaintiff says the company knew its consultants were working more than 40 hours per week but refused to compensate them properly.

Originally filed in California state court, the case has since been removed to federal court.