Traveling Nurse Hits Advantage RN with Unpaid Overtime Lawsuit

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Advantage RN, LLC is on the hook in a former traveling nurse’s proposed class action claiming she and others were not paid proper overtime or timely wages owed upon termination of employment.

Filed in California, the case claims Advantage RN, an Ohio-based company that handles health care staffing and employs hourly professionals for short-term travel assignments, requires its employees to sign a “traveler assignment confirmation” that dictates the workers’ rates of pay, including hourly wages and a per-diem stipend. According to the lawsuit, workers’ hourly pay and per diems are combined in weekly paychecks as “gross pay.”

The plaintiff argues her and proposed class members’ pay was substantially lower than the average hourly wage for health care professionals throughout California, with the defendant’s per-diem actually constituting roughly one half of the workers’ weekly “gross pay.”

At issue in the complaint is what happens when a health care professional works more than 40 hours per week for Advantage RN, a situation in which the plaintiff claims workers ultimately get shorted.

“When health care professionals work in excess of eight hours per day and/or 40 hours per week, [the defendant] does not include the value of the per diem stipend or various bonuses in the health care professionals’ regular rates of pay for purposes of calculating overtime pay,” the lawsuit alleges.