HOUSTON – A caregiver employed by a home health service alleges she was misclassified as an independent contract and not paid the appropriate rate for overtime work.

Kym Sedgwick, individually and on behalf of all others similarly situated, filed a complaint on April 5 in the Houston Division of the Southern District of Texas against Cynthia’s Touch Senior Services Inc. and Cynthia Ratcliff alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that she regularly worked more than 40 hours per week for for defendant and was paid a flat hourly rate. 

The plaintiff holds Cynthia’s Touch Senior Services Inc. and Ratcliff responsible because the defendants allegedly misclassified her as an independent contractor and required her to work over 40 hours a week without properly compensating her at a rate of time-and-one-half for the overtime work.

The plaintiff requests a trial by jury and seeks unpaid back wages, liquidated damages, attorney's fees, costs, pre- and post-judgment interest and such other and further relief. She is represented by J. Forester and Matthew D. Haynie of Forester Haynie PLLC in Dallas.

Houston Division of the Southern District of Texas case number 4:18-cv-01080




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