SpecialtyCare
On November 8th, 2024, two Surgical Neurophysiologists filed an overtime lawsuit against SpecialtyCare, Inc. (“SpecialtyCare”). The named plaintiffs assert individual claims and claims on behalf of other similarly situated Surgical Neurophysiologists who were paid by salary and treated as exempt from overtime pay. The Complaint alleges that based on the plaintiffs’ primary job duty of providing neuromonitoring services to Defendant’s clients, they were misclassified and they and others similarly situated should have been paid overtime for the overtime hours they worked.
The plaintiffs brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) and a Rule 23 class action under California Labor Codes seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for themselves and others.
This case is titled Barta and Lojewski v. SpecialtyCare, Inc. Case No. 3:24-cv-01335 (Middle District of Tennessee)
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Is This a Class Action? What Does that Mean?
This case is both a potential collective action under federal law and a potential class action under California state law. This means that, depending on the type of claim(s) you have, there may be a slightly different process for joining and participating in this suit.
Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate time asking the Court to grant these certifications.
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Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying state law claim, federal law claim, or both federal and state law claims.
Federal Law:
You may be eligible to make a claim in this case for unpaid overtime compensation for hours worked over 40 in a workweek if you worked for SpecialtyCare as a Surgical Neurophysiologist (level 2, 3, or higher), were paid by salary, and treated as exempt from overtime pay at any time within the last three (3) years. To make a claim under federal law, you must submit a consent form.
State Law:
You may have a claim in this case for unpaid overtime wages under California law if you worked over 8 hours per day or 40 hours per week for SpecialtyCare in California at any time within the past four (4) years. Whether additional Surgical Neurophysiologists are added to this case to pursue claims under California state law will depend on the Court’s ruling on a motion for class certification that has not been filed yet.
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Which Locations Are Included?
This case seeks to include all of Defendant’s Surgical Neurophysiologist who were paid by salary and treated as exempt from overtime pay at any time the past three years.
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Defendant willfully violated the law, then the statute of limitations may be extended to three years. California state law has a four-year statute of limitations.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. It is our understanding that Defendant required SNs to report their work hours. However, if Defendant did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for SpecialtyCare and believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson at (612) 256-3249 or bpeterson@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Can I Help?
If you know any Surgical Neurophysiologists interested in making a claim for unpaid overtime, please direct them to this website to fill out a Consent Form. They may also contact the case clerk, Bridget Peterson, at (612) 256-3249 or bpeterson@nka.com to sign up.
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How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Bridget Peterson, at (612) 256-3249 or bpeterson@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.