Nurse sues employer claiming she was not paid for overtime work

Michelle Keahey, East Texas Bureau Jul. 20, 2012, 11:17am


TYLER - A Tyler nurse has filed a lawsuit against her employer that claims she and other employees were not paid for overtime and lunch time was improperly deducted from their wages.

Aleshia Fatherree, on behalf of herself and all others similarly situated, filed suit against Lifecare Home Nursing, doing business as Lifecare Health Services, David R. Wilcox Sr. and Nancy D. Wilcox on July 13 in the Eastern District of Texas, Tyler Division.

Fatherree worked as a licensed vocational nurse for the defendants from approximately December 2006 until May 2012.

The defendants are accused of violating the Fair Labor Standards Act by not paying the plaintiff and other employees their mandated overtime compensation for all hours worked over 40 during each workweek.

Fatherree states that the defendants had a widespread policy of violating the Fair Labor Standards Act by refusing to pay employees overtimes compensation for all hours worked over 40 during each and every workweek, including improperly deducting meal breaks.

The collective action will include all current and former healthcare staff employees who are and were employed by the defendants from July 13, 2009, until present.

The plaintiff is seeking an award of actual damages, liquidated damages, interest, court costs and attorney's fees.

Fatherree is represented by Allen R. Vaught of Baron & Budd P.C. in Dallas. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:12-cv-00452

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