Overworked and underpaid employees are fighting back against Maxim Healthcare Services, Inc. Employees in California, Illinois, Texas, and Ohio are challenging Maxim’s refusal to pay overtime wages to those working over 40 hours per week in violation of the Fair Labor Standards Act.
The Maryland-based corporation employs nurses, social workers and home health aides to provide in-home medical care. Many of these employees now claim that the company failed to pay overtime compensation and provide adequate time records in compliance with federal and state laws. Wage and hour law attorneys at Pintas & Mullins Law Firm are currently reviewing potential overtime lawsuit claims.
One of the Ohio-based Maxim employees, Jennifer Lawrence, claims that she regularly worked more than 70 hours a week without any overtime pay. Similar claims have reportedly been made against Maxim since 2002. At that time, four employees claimed to work in excess of 40 hours per week, and sought to recover unpaid back wages, overtime compensation, and liquidated damages. Claims are also being made that Maxim failed to reimburse employees for travel and equipment expenses and failed to provide them meal and rest breaks. To date, Maxim Healthcare has agreed to pay $12.3 million to settle three class action lawsuits regarding these issues.
Employees like Jennifer Lawrence Lawrence are classified as healthcare or staffing Recruiters, and were misclassified as ‘exempt’ by Maxim so that they were paid salary, but no overtime wages.
In a related class action lawsuit, Maxim and University of Pittsburgh Medical Center (UPMC) are being sued for negligence in a case involving David Kwiatkowski, a radiology technician who allegedly exposed and infected thousands of patients in eight states to the Hepatitis C virus.
The lawsuit was filed by Dallas Hartman on behalf of ten UPMC patients, and alleges that Maxim was negligent in the hiring, retention, and supervision of the technician, and failed to report the conduct to anyone. According to a recent Businessweek article, as many as 2,000 patients may have been exposed to the serious virus.
The Equal Employment Opportunity Commission (EEOC) also recently
announced a lawsuit against Maxim for failing to provide reasonable accommodations
and the wrongful discharge of Anne Whitledge, who was diagnosed with brain
cancer while serving as the director of clinical services. Maxim was ordered
to pay $160,000 to the estate of Whitledge, who died from the disease.
These allegations clearly demonstrate the unjust and deceitful business practice of Maxim Healthcare Services In addition, the Company also recently agreed to pay $150 million to the federal government and 41 states for submitting false claims to Medicaid. The false billings lasted from 2003 to 2009, and totaled an estimated $61 million. Eight Maxim employees pleaded guilty to felony charges in connection with this fraud scheme. Fraudulent billing practices affect all taxpayers, wasting their hard-earned dollars in the name of corporate greed.
Maxim Healthcare Services is trusted by millions to provide in-home nursing care, medical staffing, and wellness services. However, its business tactics and employee treatment practices are inexcusable. Many lawsuits have been filed by mistreated employees, patients, and families. Maxim took advantage of its employees’ strong work ethic in order to selfishly reap profits. Overtime lawyers at Pintas & Mullins Law Firm understand that these employees deserve justice. An overtime scam that denies employees fair compensation is against the law and should not be tolerated.