Barkan Meizlish , June 25, 2020
Updates as of 2/2/2021
The United States District Court for the Southern District of Ohio, Judge Susan D. Morrison, granted Plaintiffs’ FLSA 216(b) motion for conditional certification. The Plaintiffs, three Nationwide Children’s’ Hospital psychometricians who brought federal and Ohio wage claims against the Defendant for failing to pay them and their similarly situated co-workers for work performed before and after their scheduled shift and failing to pay all hour over 40 in a workweek at 150% of their regular rate. All psychometricians who are or have been employed by Nationwide Children’s Hospital over the last three years are now eligible to receive communications regarding joining the suit. Morris, et al., v. Nationwide Children’s Hospital 2021 WL 320740 (S.D. OH February 1, 2021).
The decision can be found by clicking this link: MORRIS et al v NATIONWIDE CHILDRENS_2021WL320740
Original Post Below:
For Immediate Release:
COMPLAINT FILED AGAINST NATIONWIDE CHILDREN’S HOSPITAL
On June 24, 2020 Attorneys with Barkan Meizlish DeRose Wentz McInerney Peifer, LLP filed a federal collective and Ohio class action Complaint against Nationwide Children’s Hospital.
According to the Complaint, Nationwide Children’s Hospital (“NCH”) participated in acts of wage theft against employees in the Psychometric position. These violations include failure to compensate employees for all hours worked and failure to pay overtime, in violation of the Federal Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§201, et seq., the Ohio Minimum Fair Wage Standards Act [“the Ohio Wage Act”], O.R.C. §§4111.01., 4111.03 and 4111.10, and the Ohio Prompt Pay Act [“the OPPA”].
Natalie Morris, a psychometrician, brought this lawsuit on behalf of herself and all other similarly situated current and former NCH psychometricians who worked for NCH since June 24, 2017. Originally, an unnamed NCH psychometrician filed a wage theft complaint against NCH with the United States Department of Labor (“DOL”). In response to that complaint the DOL investigated. While the substance of that investigation is not public, the DOL and NCH are attempting to resolve all the psychometrician’s wage claims by offering a lump-sum payment to affected employees. This lawsuit was brought by Ms. Morris to secure complete payment of all the hours she is owed. She also brought this lawsuit to obtain payment for all the hours owed on behalf of all current and former NCH psychometricians who worked for NCH since June 24, 2017.
Plaintiffs’ Attorney, Robert E. DeRose official statement:
“Although the DOL investigated this case, it is apparent from the facts that Nationwide Children’s Hospital did not have a good faith basis for paying its psychometricians the way it did and that is wage theft. Wage theft in any form cannot be tolerated. The hospital willfully paid these employees in violation of the wage laws and they should be paid for three years of time and liquidated damages. The amount the hospital is trying to pay to get out of trouble is far below what the employees are due. That is why the court will decide this case.”
A copy of the complaint can be found here
About Barkan Meizlish DeRose Cox, LLP: The law firm of Barkan Meizlish DeRose Cox, LLP is over sixty years old, with a national practice, focused on wage and hour/overtime litigation, worker’s compensation, Social Security disability, personal injury, and medical malpractice.
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