Three Smith County residents sue Bethany HomeHealth Services, alleging unpaid overtime

Robbie Hargett Aug. 31, 2015, 12:42pm


Three Smith County residents are suing Bethany HomeHealth Services, a Medicare and Medicaid agency providing healthcare services in patients' homes, alleging unpaid overtime wages.

Ruby Hollie, Monica White and Barbara Johnson, individually and for all others similarly situated, filed a civil action lawsuit Aug. 5 in the Tyler Division of the Eastern District of Texas against Home Quality Care Home Health Care, Inc., doing business as Bethany HomeHealth Services, alleging willful and knowing violations of minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

According to the the complaint, the three plaintiffs were employed by the defendant as traveling certified nurse's assistants, or home health aides. Their duties included taking vital signs, assisting patients with bathing and grooming tasks, meal preparation and service, cleaning restroom areas, doing laundry, and other household upkeep tasks, the lawsuit states.

The suit alleges the plaintiffs regularly worked in excess of 40 hours per week but were not paid time-and-a-half overtime wages, as outlined in the FLSA.

The plaintiffs and others in the collective suit seek to recover unpaid wages, liquidated damages, attorney fees and court costs. They are represented by attorneys Terrence B. Robinson and Ronald E. Dupree of Kennard Blankenship Robinson in Houston.

Tyler Division of the Eastern District of Texas case number 6:15-cv-00728.

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