Affectionate Home Health Care Services LLC (AHHCS) was sued -Monday the Eastern District of Pennsylvania. Ann Margaret Daywalt alleged that AHHCS failed to compensate her and other employees properly for overtime hours they worked in accordance with the Fair Labor Standards Act (FLSA), the Pennsylvania Minimum Wage Act (PMWA), and the Pennsylvania Wage Payment and Collection Law (WPCL).
Daywalt filed the lawsuit on behalf of herself and others in a similar situation who are presently or were formerly employed by the defendant, and asked the court for class certification. Approximately 300 employees have allegedly been subject to the same unlawful pay practices and improper conduct.
As an employee of AHHCS, Daywalt claimed she would often work over 40 hours, saying that her and members of the class perform “on average, approximately eighty-four to one hundred and fourteen hours of compensable work.”
The complaint explained that under employment laws, overtime hours should receive a higher rate of pay “for each hour worked in excess of forty hours in a workweek.” Since AHHCS reportedly failed to track hours correctly, the determinations they made regarding employee eligibility for overtime compensation were incorrect. On more than one occasion, Daywalt purported, AHHCS failed to compensate her at all for her overtime work.
Since the defendant allegedly failed to provide proper overtime compensation and violated the FLSA, PMWA, and WPCL, Daywalt contended that equitable relief is “appropriate with respect to the Class as a whole.”
The plaintiff requested that the court authorize and mandate the notice by AHHCS of all current and former employees of the discrepancy and their potential entitlement to the unpaid compensation. As an established non-exempt employee, Daywalt maintained that she is entitled to overtime compensation at the proper rate and has suffered damages as a result of AHHCS’s misconduct.
Daywalt is seeking permission for the litigation to continue as a class action, an order requiring AHHCS to correctly compensate their employees, a declaration that the defendant’s conduct has been in violation of the FLSA, as well as the proper wages, damages, and litigation fees. She is also demanding a trial by jury.
The plaintiff is represented by Murphy Law Group.
