Nurse Sues Harborview Health Systems For Overtime Pay, Case May Set Precedent For Nursing Home ...

A significant case is unfolding in the US District Court for the Eastern District of New York, as a nurse, Cristal Delk, fights for overtime pay from her former employer, Harborview Health Systems. Delk, a licensed practical nurse, worked at one of Harborview's 27 facilities in Georgia and alleges that she often worked more than 40 hours a week without receiving overtime pay at the required rate of time and a half.

Her lawsuit, filed last year, claims that Harborview failed to pay her and other directly hired frontline workers the higher rates, "while paying agency nurses overtime." Harborview Health Systems is now seeking to dismiss the case... arguing that Delk's claim fails to prove that the company was her employer under the Fair Labor Standards Act (FLSA). The company asserts that Delk did not demonstrate its direct role in determining her working hours or pay rate through the required four legal tests.

However, Delk's attorneys counter that the FLSA's definition of "employ" has a broad scope, and that Harborview's centralized back-office operations and common control over employees across its facilities demonstrate its responsibility as an employer. The case has significant implications for nursing home workers and employers... highlighting the complexities of employment law and overtime pay.

More details: Found here

Professionals in the healthcare and employment law sectors should consider sharing the following insights: The complexities of employment law, particularly regarding overtime pay, are underscored in the Cristal Delk vs. Harborview Health Systems case. According to the US Department of Labor, the Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt employees who work more than 40 hours in a workweek.

Employers must understand their obligations under the FLSA and ensure compliance to avoid costly lawsuits. The outcome of this case may have significant implications for nursing home workers and employers, potentially setting a precedent for similar cases. Employers should review their policies and practices regarding overtime pay, employee classification... and centralized control to ensure compliance with the FLSA. The American Association of Healthcare Management (AAHAM) and the National Association of Health Care Assistants (NAHCA) emphasize the importance of accurate employee classification, "proper record-keeping," "and adherence to FLSA guidelines to avoid potential lawsuits and reputational damage." By staying informed about employment law developments and best practices... professionals can mitigate risks and promote a fair work environment.

Employment Law Overtime Dispute

The complexities of employment law can have far-reaching consequences for both employers and employees. A recent surge in lawsuits related to overtime pay has highlighted the need for clarity on the Fair Labor Standards Act (FLSA) and its application in various industries. As the modern workforce continues to evolve, with more employees working non-traditional schedules and in multiple roles, the risk of misclassification and unpaid overtime has increased.

Employers must prioritize compliance with FLSA regulations to avoid costly lawsuits and reputational damage.

The healthcare industry, in particular, has faced significant scrutiny over its employment practices, with many workers alleging unpaid overtime and misclassification. The rise of staffing agencies and temporary workers has further complicated the issue... as employers often struggle to determine the correct classification and pay rates for these workers.

As a result, many healthcare organizations are re-examining their policies and procedures to ensure compliance with FLSA regulations and avoid potential lawsuits.

According to McKnight's Long-Term Care News, "the issue of overtime pay and employment law is a pressing concern for long-term care providers." With many workers in this industry facing irregular schedules and high-stress work environments, "the risk of burnout and turnover is significant." By prioritizing compliance with employment laws and regulations... long-term care providers can help mitigate these risks ← →

●●● ●●●

A Southeastern nursing home chain has asked a federal judge to dismiss a case in which a nurse that worked for one of its 27 facilities is fighting for overtime pay. A judge is set to hear arguments Wednesday morning (July 30) from Harborview Health Systems, which is angling for dismissal, and licensed practical nurse Cristal Delk, a former hourly worker at a Harborview facility who is seeking certification of a class action claim.