Worker sues Plano business, alleging failure to pay minimum wage, overtime

Kasey Schefflin-Emrich Sep. 18, 2015, 12:35pm


An employee is suing a Plano-based business, alleging it failed to provide her and other employees with a minimum wage and overtime pay.

Beth Degrassi, individually and on behalf of all others similarity situated, filed a lawsuit Aug. 24 in the Sherman Division of the Eastern District of Texas against Nicka & Associates Inc. of Plano, alleging violation of the Fair Labor Standards Act.

According to the complaint, Degrassi worked for the defendant as medical coder for three years prior to the lawsuit. Although the FLSA mandates employees be paid a minimum wage, the suit states Degrassi and other medical coders were or are paid based on the number of files/cases they entered into the defendant's technology system. The plaintiff contends the production rate pay doesn't amount to what they would be paid under a minimum wage.

The plaintiff also alleges she and other medical coders didn't receive overtime compensation when working more than 40 hours in a given week. She says the defendant's actions were done intentionally and willfully.

Degrassi seeks unpaid minimum wages and overtime compensation, liquidated damages, attorney fees and court costs, and other relief deemed appropriate by the court. She is represented by attorney Chris R. Miltenberger of The Law Office of Chris R. Miltenberger in Southlake.

Sherman Division of the Eastern District of Texas case number: 4:15-cv-00577-ALM.

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