Hudson Health Services, Inc. (Hourly-Paid Non-Exempt Healthcare Workers)
Hudson Health Services, Inc. maintains and operates healthcare centers located in Maryland and Delaware.
Position(s): Hourly-Paid Non-Exempt Healthcare Workers.
Location(s): Anywhere in the United States.
Time Period: October 2019 through the present.
The Claims in the Lawsuit
Violations of the Fair Labor Standards Act (“FLSA”)
The Complaint alleges Hudson Health Services, Inc. maintained an unlawful company-wide policy of automatically deducting thirty (30) minutes of pay per shift for “meal breaks” even though the workers worked through their shifts and did not receive bona fide meal breaks, which resulted in Defendant’s failure to pay the workers for all hours worked in excess of forty (40) in a workweek at a rate of not less than one and one-half (1.5) times their regular rate of pay, in violation of the FLSA.
Violations of the Maryland Wage and Hour Law
(“MWHL”) and the Maryland Wage Payment and
Collection Law (“MWPCL”)
The Complaint alleges Hudson Health Services, Inc. failed to pay the workers wages and overtime compensation when they became due and owing in violation of the MWHL and MWPCL.
October 25, 2022: The case was filed in the United States District Court for the District of Maryland. The case has been assigned to the Honorable Chief Judge James K. Bredar.
How to Participate
To be eligible to recover unpaid wages under the FLSA as an hourly-paid employee within the last 3 years, you must complete a “Consent to Join” form, which you can obtain HERE.
There is a possibility the Court will certify the claims under the Maryland Wage and Hour Law and the Maryland Wage Payment and Collection Law as a class action, on behalf of the following class of persons:
All persons who are or were, at any time within the period of three (3) years preceding the commencement of this action through the date of judgment, employed by Defendant in any of its healthcare centers and/or assisted living homes in Maryland as hourly-paid, non-exempt healthcare workers, who held the job positions including, but not limited to, Admissions Coordinator, Counselor, Behavioral Health Assistant, Culinary, Driver, or Medical Assistant, and were subject to Defendant’s automatic meal-break deduction policy.
If a class is certified, persons who fall within the class will be notified they are covered and will automatically be included in this case unless they “opt out.” If you are interested in participating in this case or have further questions, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
The United States is founded on the principle of innocent until proven guilty. This is a civil matter stemming from a civil lawsuit, and unless and until there is a verdict against Hudson Health Services, Inc., then everything contained in the allegations should just be considered allegations.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC and The Rubin Employment Law Firm, PC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.