Persante Health Care, Inc. (Salary-Paid Nonmanagerial IT Support Employees)
Table of Contents
Case Overview
Brown, LLC has filed a collective and class action lawsuit against Persante Health Care, Inc. (“Persante”) alleging wage-and-hour violations under federal and New Jersey law. The case has been filed on behalf of salary-paid, nonmanagerial IT support employees.
Please note that a lawsuit being filed against Persante does not necessarily mean that Persante will be found liable. The allegations summarized below remain unproven while the case proceeds through the legal system.
Important Disclaimer
These are allegations only. No finding of liability has been made against Persante Health Care Inc. The case will proceed through the legal process.
About the Defendants
According to the complaint, Persante operates a nationwide sleep-management business and publicly represents that it manages more than 90 diagnostic centers across the United States and employs more than 300 specialized team members. The complaint alleges that Persante supports those operations through centralized corporate functions, including IT support, payroll, human resources, and management functions administered from or through its headquarters in Mount Laurel, New Jersey.
Claims in the Lawsuit
The lawsuit alleges that Persante violated the FLSA and the New Jersey Wage and Hour Law (“NJWHL”) by treating salary-paid, nonmanagerial IT support employees as overtime-exempt even though their actual primary duties allegedly consisted of routine, nonmanagerial help desk and IT support work. The claims focus on the following allegations:
Alleged misclassification of IT support employees
The complaint alleges that Persante classified salary-paid, nonmanagerial IT support employees as exempt based on salary status, job title, placement in the IT function, or similar factors rather than their actual primary duties. According to the complaint, these employees did not customarily and regularly direct the work of two or more full-time employees, did not have meaningful hiring or firing authority, and did not exercise discretion and independent judgment concerning matters of significance as their primary duty.
Unpaid evening, remote, weekend, and project work
The lawsuit alleges that Persante required or permitted salary-paid, nonmanagerial IT support employees to work beyond normal business hours while paying only their fixed salaries. The additional work allegedly included remaining at work after normal business hours,, continuing to work remotely after leaving the office, responding to after-hours communications and support requests, attending evening or weekend meetings, performing weekend project, migration, implementation, reporting, equipment-deploying, or system-change work; and addressing outages, urgent support needs, and other deadline-driven assignments.
No complete timekeeping for salary-paid IT support employees
The complaint alleges that Persante did not require salary-paid, nonmanagerial IT support employees to clock in, clock out, or otherwise accurately record all hours worked each day and each workweek. As a result, after-hours and weekend work was allegedly omitted from Persante’s timekeeping and payroll records even when management assigned, observed, monitored, or accepted the work.
Management knowledge of overtime work
According to the complaint, Persante knew or had reason to know that salary-paid, nonmanagerial IT support employees worked more than forty hours because supervisors and senior management allegedly assigned the work, participated in after-hours communications and meetings, imposed deadlines, monitored deliverables, reviewed completed work, and received the benefit of the work.
Workers Covered
The complaint seeks to proceed on behalf of the following groups:
Salary-paid, nonmanagerial IT support positions that Persante classified as exempt from receiving overtime compensation. The complaint states that the proposed groups may be amended or narrowed based on discovery, including Persante’s job-function, payroll, organizational, personnel, and exemption-classification records.
Locations Covered
Federal FLSA Claims:
Salary-paid, nonmanagerial IT support employees employed by Persante anywhere in the United States who fall within the proposed collective definition.
New Jersey Claims:
Salary-paid, nonmanagerial IT support employees employed by Persante in New Jersey who fall within the proposed Rule 23 class definition.
Time Period Covered
August 6, 2023, through the present.
Former workers may be eligible if they worked during this period.
For the federal FLSA claims, workers can generally recover wages for up to two years before the date they join the lawsuit by filing a signed consent form with the Court, or up to three years if the Court finds that Persante’s alleged violations were willful.
Case Status
August 6th, 2026: The lawsuit was filed in the United States District Court of New Jersey.
How to Participate
If you worked for Persante in a salary-paid, nonmanagerial IT support position, were classified as exempt from overtime, and worked more than forty hours in one or more workweeks without receiving overtime compensation, you may fall within the allegations in the lawsuit.
If you are interested in participating, please complete the form accompanying the published case
page so that the wage-and-hour lawyers at Brown, LLC can assess your eligibility.
Frequently Asked Questions
Will Brown, LLC be my attorneys?
Yes, if you sign a retainer agreement and, if applicable, a Consent to Join form. You owe no legal fees unless there is a recovery. If successful, attorneys’ fees may be sought from Persante, not from you. Providing information for review does not itself create an attorney-client relationship.
Can Persante retaliate against me for joining or asserting wage rights?
Federal wage law prohibits retaliation against workers who assert wage rights or participate in a wage lawsuit. The complaint also asserts individual retaliation claims alleging that Persante took adverse action against Derrick English after he challenged compensation and payroll practices.
Do I have to be currently employed by Persante to participate?
No. Former employees may still fall within the alleged covered periods if they worked for Persante in a covered position during the applicable time period.
What documents may be helpful?
Helpful documents may include pay stubs, offer letters, job descriptions, organizational charts, schedules, calendar invitations, emails or messages about evening or weekend work, help desk or ticketing records, project lists, VPN or cloud-system activity, performance records, payroll or timekeeping policies, and communications concerning overtime or exempt classification.
Will I have to testify or provide documents?
Possibly, but not necessarily. Wage-and-hour cases often rely heavily on employer payroll, personnel, organizational, timekeeping, ticketing, project, and electronic-communication records. Preserving relevant documents you already possess can still be helpful.
How long will the case take?
Litigation timelines vary depending on court schedules, case complexity, discovery, motion practice, settlement discussions, and how the defendant responds. The timing of any particular case cannot be guaranteed.
Contact Information
If you have information related to the allegations or believe you may be affected, please contact the wage-and-hour team at Brown, LLC.
All inquiries are confidential. Accommodations can be made for calls after hours or on weekends.
Contact: Brown, LLC – Wage-and-Hour Team
Phone: (877) 561-0000
Email: flsagroup@jtblawgroup.com