On Tuesday a case was filed in the District of Rhode Island by an employee against Semaj Health and Wellness and Tasia Henderson. The case is regarding failure to pay minimum wage and overtime per the requirements of the Fair Labor Standards Act (FLSA) and the Rhode Island Minimum Wage Act (RIMWA).
The plaintiff was hired by the defendant as a behavioral health nurse practitioner. Despite having met all the requirements regarding hours worked, level of control exerted over work, and other qualifications, the defendants improperly classified the plaintiff as a contract worker and reported her payments via form 1099. The plaintiff also notes that the plaintiff did not pay her for all hours worked, which were 40-50 per week, and they also did not at 1.5 the hourly rate for the hours in excess of 40 hours per week.
Plaintiff is suing for violations of the FLSA and RIMWA minimum wage provisions as well as failure to pay for overtime. The plaintiff seeks declaratory judgment, injunctive relief and liquidated damages for back pay. Plaintiff is represented by Formisano & Company PC.
