Respiratory therapist sues hospital for overtime wages

By Michelle Keahey, East Texas Bureau | Jan 21, 2013

SHERMAN - A respiratory therapist has filed a lawsuit against an East Texas hospital for violating federal law by failing to pay him overtime wages.

Kevin Miller filed suit against Texoma Medical Center Inc. and Universal Health Services Inc. on Jan. 17 in the Eastern District of Texas, Sherman Division. 

Miller, who worked as a respiratory therapist, claims he was not compensated at the rate of time and one-half his regular rate of pay when he worked outside his normal work schedule.

According to the lawsuit, Miller was regularly scheduled to work 40 or more hours in a work week and was required to be call when he was not at the hospital.

The defendants are accused of violating the Fair Labor Standards Act by failing to pay Miller for all his overtime hours.

The plaintiff is asking for an award of damages for unpaid back wages, liquidated wages, court costs, attorney’s fees, and interest.

Miller is represented by J. Derek Braziel and Meredith Mathews of Lee & Braziel LLP in Dallas. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-0032

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