A lawsuit against home health care and hospice provider Amedisys seeks national class action status and challenges the way the company pays its visiting nurses and home health care aides. Amedisys classifies the workers as exempt from the overtime provisions of the federal Fair Labor Standards Act.
The company operates in 41 states, including North Carolina.
The suit alleges the workers should not be classified as exempt and that Amedisys’ pay system illegally deprives them of overtime pay. The employees claim they must be paid either a salary or on a fee basis if they are to be considered exempt.
Amedisys pays workers based on an estimate of how much time a home visit takes and actual hours worked performing other services. The suit alleges this system forces workers to work more than 40 hours per week without receiving overtime.
A similar suit against Gentiva Health Services, another home health care provider, was certified as a class action in 2011.