Issues: Unpaid Wages, Unpaid “On-Call” Time
On August 2, 2023, Fitapelli & Schaffer, LLP filed a class action against The PromptCare Companies, Inc. d/b/a Prompt Care Companies Inc. for unpaid wages. This lawsuit represents similarly situated current and former workers under the New York Labor Law (“NYLL”) and the Fair Labor Standards Act (“FLSA”) to recover unpaid wages. Respiratory Therapists for PromptCare have alleged that PromptCare failed to pay them for all of their hours worked while “on call”, such as time spent providing assistance to customers by phone. Further, Respiratory Therapists allege that PromptCare paid them on a bi-weekly basis instead of a weekly basis as required for manual workers under the NYLL. Affected workers may include all current and former employees who worked for PromptCare since December 17, 2016 in New York and nationwide who were paid on a bi-weekly basis and/or subject to PromptCare’s on-call policy, including positions such as respiratory therapists and drivers.
The lawsuit, which was filed in New York federal court, specifically alleged that PromptCare failed to pay for time worked while on-call and failed to pay workers on a bi-weekly basis, as required by the NYLL. Due to PromptCare’s failure, Manual Workers allege they are owed agreed upon wages for unpaid hours for hours up to and including 40 per workweek, overtime pay for unpaid hours for hours over 40 per workweek, liquidated damages equal to their unpaid hours on-call, and liquidated damages equal to their late wages. The class action lawsuit seeks to recover those damages.
If you work for PromptCare or a similar company in the medical industry, make sure you are getting paid for all of your hours worked and at the correct rate on a timely basis. Unfortunately, this industry is notorious for skirting wage laws in order to save on labor costs. You can reach our firm, Fitapelli & Schaffer, LLP, for a free and confidential consultation at (212)300-0375 or you can visit our website for additional helpful information regarding your work rights.
You can also view the filed complaint here.