‘Misclassified’ Viemed Employee Seeks to Recover Allegedly Unpaid Overtime

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Sleep Management, L.L.C. is the defendant in a proposed class and collective action filed in Arkansas by an employee who alleges he was misclassified as exempt from federal and state overtime protections.

The plaintiff was employed as a “clinical liaison” for the company—which does business as in-home medical services provider Viemed—working in excess of 40 hours each week providing medical therapy and sales services without proper pay, the complaint claims.

According to the suit, all of the defendant’s “clinical liaisons” were misclassified as exempt from overtime pay. The lawsuit argues that since Viemed controlled all meaningful aspects of the workers’ jobs, including schedules, duties, and protocols, the employees should have been entitled to time-and-a-half overtime pay under the Fair Labor Standards Act (FLSA). Moreover, “clinical liaisons” received non-discretionary bonuses two times per year, which should have been calculated into the overtime pay rates owed to the plaintiff and proposed class, the case notes.