Healthcare worker files class action against agency for overtime wages

Michelle Keahey, East Texas Bureau Dec. 19, 2011, 7:27am

TYLER - A Mesquite healthcare worker has filed a lawsuit against her employer in an effort to obtain payment of overtime wages.

Claiming violations of the Fair Labor Standards Act, Deborah Buxton, individually and on behalf of others similarly situated, filed suit against Tinsley Associates, doing business as Exceptional Home Care.

According to the suit filed on Dec. 13 in the Eastern District of Texas, Tyler Division, Buxton states that the defendant did not pay its healthcare workers any overtime wages at one and one-half times their regular hourly rate.

She claims she has complained about the non-payment but alleges the defendant has not taken any action to correct the FLSA violation.

The defendant is also accused of retaliation against Buxton by terminated her employment on Oct. 31.

The plaintiff is seeking damages for unpaid wages, liquidated damages, court costs and attorneys' fees.

Buxton is represented by Casey S. Erick of Erick & Thomas in Dallas.

A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:11-cv-00666

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