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Home Health Provider’s Poor Record-Keeping Deprives Workers of Overtime

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Case ID: 3689 | Employment | 09/21/2004

A class action has been filed on behalf of home health care workers employed by the Gatesway Foundation, a Tulsa based provider of home health services. The suit alleges that workers employed at Gatesway between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney’s fees and costs, as well as liquidated damages and equitable relief.

The complaint alleges that Gatesway deliberately kept sloppy time records in order to avoid making overtime payments to its home health workers, all of whom qualified as employees under the Fair Labor Standards Act. This federal law requires employers to pay employees time and a half for any hours worked in excess of forty per week.

The class includes all current and past home health care employees of Gatesway during the three years preceding the filing of the lawsuit. Persons employed at Gatesway between 2001 and 2004 are encouraged to contact the Plaintiffs’ attorney for additional information.


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