Maxim Healthcare Facing Second Unpaid Overtime Class Action Lawsuit

August 13, 2013, 4:30PM. By Lucy Campbell

Atlanta, GAMaxim Healthcare is facing an unpaid overtime lawsuit filed by a salaried healthcare recruiter working from a Maxim office. The lawsuit contends that the plaintiff and those similarly situated were denied overtime compensation after working in excess of 40 hours a week throughout their employment performing no-exempt work, in direct violation of the Fair Labor Standards Act (FLSA).

The class includes all current and former salaried recruiters, including healthcare recruiters, homecare recruiters, staffing recruiters and senior recruiters, who were employed by Maxim Healthcare Services Inc. at any time during the past three years.

This is not the first unpaid overtime class action lawsuit Maxim is facing. An employment class action lawsuit has also been filed in Ohio by Jasmine Lawrence, who was employed as a Home Health Aide by the defendant until October 2012.

In the Ohio lawsuit, Lawrence alleges that Maxim Healthcare Services Inc, violated, and continues to violate, the Ohio Minimum Fair Wage Standards Act (OMFWSA) because of its willful failure to compensate her and the class members at a rate not less than one and one-half times the regular rate of pay for work performed in excess of 40 hours in a workweek. Lawrence claims she regularly worked over 70 hours per week while employed by Maxim Healthcare and the majority of her time was spent performing general housekeeping duties as opposed to patient care.

Lawrence also alleges that she and the members of the putative class who are employed by the Defendant in Ohio are “employees” within the meaning of the OMFWSA.

Maxim Healthcare Services, Inc, is a Maryland corporation which, through hundreds of office locations nationwide, provides in-home personal care, management and/or treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides.