Nurse Files OT Class Action After Being Taken Hostage in SC Jail

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A licensed practical nurse who provides medical services to inmates has filed a proposed class action in South Carolina against Condustrial, Inc. (which does business as Medustrial Healthcare and Staffing Services, Medustrial Healthcare, and Medustrial Healthcare Referral Services).

The 14-page lawsuit says the plaintiff was hired by the defendants, a “full service construction and industrial supplemental employer,” and placed to work with the South Carolina Department of Corrections (SCDC). On September 5, 2015, the plaintiff and another nurse were reportedly taken hostage by SCDC inmates, who threatened deadly violence against the individuals with a “long sharp object.”

Following the incident, the plaintiff claims the defendant refused to grant her Family Medical Leave Act (FMLA) leave or other employee benefits, “such as health insurance, short-term disability benefits, long-term disability benefits, continuation of life insurance with waiver of premium because of disability, unemployment benefits” and others. The reason for this, the lawsuit says, is because the defendant allegedly illegally classified the plaintiff and proposed class members as independent contractors—not employees.