Have you worked overtime hours for RELIANT REHAB without being paid? This is unlawfal
Have you worked overtime hours for RELIANT REHAB without being paid? This is unlawfal
Kristen Kendall, a former Physical Therapist, has FILED this National FLSA section 216b Collective Action (aka CLASS) overtime wage lawsuit, individually AND on behalf of all present and former Therapists and Therapy Assistants, including: Physical Therapists (PT), Occupational Therapists, (OT), Physical Therapy Assistants (PTA), Certified Occupational Therapy Assistants (COTA) Occupational, and Speech Language Pathologists (SLP), or any other persons performing similar work under alternative job titles, seeking to recover unpaid overtime wages for all hours worked over 40 in each and every workweek over the preceding 3 years up through the date of trial, plus the payment of an equal sum in liquidated damages.
Kendall is now joined in this case by 25 other RELIANT REHAB Therapists who also claim to have been forced and/or permitted to suffer similarly working many hours of overtime off the clock without being paid for this time as required by state and Federal overtime wage laws, including the Fair Labor Standards Act (FLSA).
The Lawsuit alleges that Kendall (Physical Therapist (PT), was forced to suffer to work off the clock and without being paid overtime premiums, meaning time and one half her regular rate of pay, for all hours worked in violation of well-settled, indisputable law as per Section 207 of the Fair Labor Standard ACT (FLSA).
Kendall alleges that her superiors, including the regional manager and the DOR, and thus the company itself, not only knew she and other Therapists worked off the clock and without being paid overtime wages in willful violation of the FLSA, but that they were pressured to do so under fear of discipline, including termination of their employment and by discouragement of working these overtime hours on the clock because of doing so would as well prevent her from meeting the unreasonably high productivity (%) requirement upwards of 95% or more related to the amount of billable time to Medicare.
Kendall explains that the company knows that the job of Therapist cannot be performed within 40 hours in a week when forced to hit these unreasonably high productivity requirements (95% to 120%), as well has having to attend meetings and complete all mandatory treatment notes, and that Reliant Rehab unlawfully encouraged, pressured and permitted them to work off the clock without pay pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. Similarly, Kendall claims that in order to meet her high productivity requirement of 95%, and treat all the patients as well as complete all the paperwork, she also had to routinely work off the clock during the week, and which the company knew was happening. If overtime was on the clock, it would destroy the productivity and subject her to discipline.
Kendall also states that Reliant Rehab also forced her to work through the 30 minute, non-working and uninterrupted meal or lunch break, yet required her to clock and report this 30 minute break time she never took, likewise resulting in RELIANT REHAB stealing from her 2.5 hours of unpaid overtime hours each week. She was also forced to work during this 30 minute meal break, and if she didn't report this 30 minutes on her time sheets, the company would both add it in and discipline her for not doing it.
Kendall alleges that if she worked overtime hours on the clock, she was warned she would be fired, but simultaneously encouraged, she was pressured to work all the extra hours to meet this hight productivity requirements and complete all her job duties or be fired.
The Fair Labor Standards Act (FLSA) requires RELIANT REHAB to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. Here, as Plaintiff Kendall explains and contends in the filed Collective Action Lawsuit ("complaint"), if Reliant Rehab has any reason to know that any employee is working off the clock, or encouraged it, they are legally required to pay all these hours, plus an equal sum in liquidated damages going back a 3 year period.
The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2d (BNA) 152: January 2013.
To be clear, the purpose of this website and contact by our law firm is NOT to solicit you to opt into and join this potential collective (CLASS) action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. Rather, we are contacting you to determine what your experience has been and if similar to what our client has alleged, and to corroborate facts for this case.
READ THE THE RELIANT REHAB OVERTIME LAWSUIT NOW FILED
KRISTEN KENDALL , individually and on behalf of all Therapists and Directors of Rehab as similarly situated, V. RELIANT PRO REHAB LLC, DBA RELIANT REHAB,
CLASS ACTION FOR CALIFORNIA RELIANT PRO REHAB LLC D/B/A RELIANT REHAB THERAPISTS FOR VIOLATIONS OF CALIFORNIA WAGE LAWS: ANDERSON AND NUNALY, individually and on behalf of all others similarly situated, v. RELIANT PRO REHAB LLC D/B/A RELIANT REHAB, EDCA, CASE NO. 1:22-cv-00599-HBK
The CLASS ACTION LAWSUIT seeks to recover the following wages for violations of numerous California Wage laws and statues occurring during the period of May 20, 2017 to the present day:
If you worked for Reliant Rehab as a Therapist during this period of time, we want to speak to you about your work experience and whether you suffered any similar experiences. Contact Feldman Legal Group
ANDERSON AND NUNALY V. RELIANT PRO REHAB CALIFORNIA CLASS AC
Download PDFHaggerty v. Reliant Pro Rehab LLC: 3rd collective action ca
This is 1 of 3 cases filed against Reliant Pro Rehab LLC d/b/a Reliant Rehab seeking to recover overtime wages for ALL THERAPISTS employed anytime within the last 3 years, and for Massachussetts employees, 3x of 300% of their owed wages. Read the case details.
The FLSA is the Federal wage laws applicable to most employers and which requires employers to pay non-exempt, and hourly paid employees a fair day's wage for a fair day's work: and for employees in this class case, required Select Rehab to pay overtime premiums (wages) at time and 1/2 the employees' regular rates of pay for all hours the employer knows were worked by the employees or should have were worked. The FLSA provides that only Plaintiffs can be awarded attorney's fees and costs if they recover wages, whether through settlements, judgment or jury verdicts.
If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful.
The Select Rehab Ill. Class and FLSA Collective Action Overtime Wage Lawsuit
q: Am I automatically included? No, you will need to discuss this with out attorneys.
q: What time period does this cover? Any person who worked for Reliant Rehab during the period of April 27, 2019 to the present.
q: Do I need to have proof of my off the clock hours? No, that's why they call it off the clock, and the Supreme Court of the U.S. has said that an employees estimation is all that is needed.
We are looking to speak to as many present and former Therapists and Directors of Rehab of Reliant Rehab (Reliant Pro Rehab LLC).
email me: mlf@feldmanlegal.us; call 813 906 8932
1-855-442-8101
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