Current Lawsuits

This is a Fair Labor Standards Act lawsuit filed against HC Concrete and its owner, Jon Harris, in Federal Court in the Middle District of Tennessee, on April 22, 2022, alleging that defendants intentionally misclassified its hourly construction workers, who are almost exclusively Hispanic, as “independent contractors” in order to avoid paying them overtime pay and deprived them of other critical benefits and protections such as family and medical leave, employer contributions to Social Security and Medicare funds, tax withholding, and contributions to state unemployment insurance and workers’ compensation funds.

Plaintiffs have also brought a federal class action under state law alleging that defendants illegally and improperly deducted between 6% and 9% of the gross earnings from the pay of each of its hourly construction workers who were misclassified as “independent contractors” supposedly to cover the cost of worker’s compensation insurance in the event they suffered a workplace injury. However, Plaintiffs allege that Defendants either improperly charged workers for such coverage, grossly overcharged workers for such coverage and pocketed the difference, or failed to procure any workers’ compensation coverage at all and pocketed the entire amounts deducted from their wages.

The lawsuit seeks unpaid overtime pay, an equal amount in liquidated (double) damages, costs and attorney’s fees, and for restitution for the money Defendants illegally and improperly deducted from the pay of each worker supposedly for workers compensation insurance.

The Court recently granted Plaintiffs’ motion for conditional certification of their FLSA overtime claims as a collective action, allowing other similarly situated construction workers who were employed by defendants since September 23, 2019, to join the lawsuit and make a claims for overtime pay. Copies of the Notice approved by the Court describing the litigation can be viewed at the following links: Click here for English. Click here for Spanish. Copies of the Consent form which must be signed to join this lawsuit can be viewed at the following links: Click here for English. Click here for Spanish.

This Fair Labor Standards Act and state law Rule 23 class action case was filed in Federal Court in the Middle District of Tennessee, on July 21, 2021, against Greenway Home Services and its owners and principals (“Greenway”). The lawsuit alleges that Defendants fraudulently docked the pay of its HVAC, plumbing and appliance repair Technicians and Installers for alleged damages to customers’ property which was never actually damaged and for which Defendants paid nothing, or for which Defendants paid less to repair than the deductions they took from the pay of their Technicians and Installers. The suit also alleges that Defendants deducted at least $10.00 each week from the pay of their Technicians and Installers for uniforms even though they had not been issued company uniforms, and that Defendants failed to pay their employees for all hours worked. As a result of these policies and practices, Plaintiff alleges that Greenway paid its Technicians and Installers sub-minimum wages in many workweeks.

Plaintiff also alleges that Defendants failed to pay overtime to their Technicians and Installers, and breached their agreement to pay Technicians and Installers a fixed commission, salary, or flat rate for each service call they made.

The lawsuit seeks unpaid minimum wages and overtime pay, an equal amount in liquidated (double) damages, costs and attorneys’ fees, and for damages as a result of Defendants breach of contract. Plaintiff has filed a motion for conditional certification and is currently awaiting the Court’s ruling.

A nearly identical lawsuit prior against Defendants – Poole v. Greenway – which was brought on behalf of 47 plumbing, HVAC and appliance repair Technicians and Installers, resulted in a recovery of $640,000 dollars in overtime wages.

This is a Fair Labor Standards Act lawsuit filed against the Nashville Center for Rehabilitation and Healing (“CareRite”) in federal court on December 13, 2022, in the Middle District of Tennessee, seeking overtime pay on behalf of physical therapists, occupational therapists, speech therapists and therapist assistants who provide therapy services to short-term patients and long-term residents at the Nashville Center for Rehabilitation and Healing. The Nashville Center is part of the network of CareRite Centers, which are owned and operated by CareRite Centers, LLC.

Plaintiffs allege that therapists and therapist assistants are regularly and routinely forced to work “off the clock” and denied overtime pay because, in addition to their clinical duties providing therapy treatment to patients, therapists and therapist assistants are required to perform significant administrative, clerical and other non-clinical duties for which CareRite cannot bill Medicare and private insurers. In order to boost profits, Plaintiffs also allege that CareRite maintains and enforces unrealistic productivity standards, requiring that an extraordinarily high percentage of the hours recorded each day by therapists, and therapist assistants be devoted to actual therapy work with patients for which CareRite can bill Medicare and private insurers.

Because of the pressure to meet CareRite’s unrealistic productivity standards, inadequate staffing levels, and heavy workloads, Plaintiffs’ allege that they are forced to work “off the clock”, and further, are not allowed to take their 30-minute meal breaks.

Plaintiffs seek unpaid overtime wages, an equal amount in liquidated (double) damages, costs and attorney’s fees. Plaintiffs anticipate filing a motion for conditional certification in the near future seeking to allow current and former therapists and therapy assistants to join the lawsuit.

Stop Wage Theft Lawyers are also investigating other CareRite facilities for similar wage violations.