Unpaid Overtime Lawsuit Filed Against DCH Healthcare Authority

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A class action filed in Alabama claims DCH Healthcare Authority violated the Fair Labor Standards Act (FLSA) by failing to pay overtime wages. The lawsuit also alleges one named plaintiff was wrongfully denied leave under the Family Medical Leave Act (FMLA) because the defendant claimed she did not work the necessary number of hours and therefore did not qualify for FMLA protection. This former employee, the suit says, was very close to retirement age and was allegedly “forced out of her employment in order [for the defendant] to avoid the payment of her retirement benefits.”

According to the complaint, individuals employed as home health care nurses, licensed practical nurses, home health aids and therapists, among others, are owed overtime pay for mandatory off-the-clock work. This off-the-clock work, the complaint continues, was necessary due to DCH’s “onerous and unattainable” productivity requirements.