Settlement of a Hybrid Wage and Hour Class Action for a Healthcare Provider

We represented a leading post-acute care provider in a hybrid wage and hour class and collective action under FRCP 23 and the FLSA brought by a group of former employees alleging that they were misclassified as exempt and entitled to overtime compensation for hours worked in excess of 40 hours each week. The potential class numbered more than 1,000 nationwide. A similar case had been filed in a New Jersey district court in which the plaintiffs agreed to dismiss their claim and join the action in Tennessee. The parties mediated both cases and ultimately reached a settlement.

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