A proposed class action has been filed on behalf of a licensed practical nurse against Berkshire Health Systems in U.S. District Court in Springfield, Massachusetts. The unpaid overtime lawsuit alleges that the company systematically stole the wages of the plaintiff and others by deducting time for meal breaks that they couldn’t take. The lawsuit claims that LPN’s were deprived of fair compensation by being assigned duties during meal breaks.
BHS denied the allegations saying that it is the organization’s policy to pay employees for all time worked and that LPNs who are paid hourly can take a meal break if they work at least a six-hour shift. The company denied dozens of claims made in the lawsuit and any knowledge of the plaintiff or other employees having worked through a scheduled meal break without being paid.
If the lawsuit is approved as a class action, BHS may have to notify former and current LPN’s of their eligibility to join the litigation. Plaintiff’s attorneys believe more than 100 LPN’s may be affected by the alleged wage theft. The lawsuit says that BHS knew or should have known that LPN’s work during breaks but failed to pay them for their time. The suit claims that the work occurred within view of managers.
BHS claims that the plaintiff was an employee of the medical center, not BHS, and wage issues should be subject to arbitration under the rules of collective bargaining.
If the class action is approved, those in the class would be eligible for compensation including stolen wages going back as far as six years and also damages and interest. A hearing is scheduled for May 16, 2018.
Are You the Victim of Wage Theft?
Millions of employees are the victim of wage and overtime theft, and employers count on them not knowing the laws that prevent this type of deceit. If you are not being paid for the hours you work, contact one of our wage theft lawsuit attorneys now. We fight for employees who stand up to employers who steal their wages, and we will fight for you. Contact us today to learn more about wage and overtime law and whether you are eligible to seek justice and compensation.