MARSHALL – A Harleton woman alleges she was misclassified as an exempt employee by a Texarkana employer and has filed a class action suit.

Kathy Pilkinton, individually and on behalf of all others similarly situated, filed a complaint on June 23 in the Marshall Division of the Eastern District of Texas against Heritage Hospice of Texarkana LLC, doing business as Heritage Hospice, and Blake R. Rich alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that between March 1, 2016, and May 21, 2017, she consistently worked more than 40 hours per week without receiving overtime compensation. The suit states she was employed as an RN case manager.

The plaintiff holds Heritage Hospice of Texarkana LLC and Rich responsible because the defendants allegedly failed to pay her at a rate of time-and-one-half for overtime work.

The plaintiff requests a trial by jury and seeks to recover unpaid overtime compensation, liquidated damages, attorney’s fees, litigation costs, costs of court, pre- and post-judgment interest and such other and further relief. She is represented by William S. Hommel Jr. of Hommel Law Firm in Tyler.

Marshall Division of the Eastern District of Texas Case number 2:17-cv-00519




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