Schneider Wallace is representing two occupational and physical therapists in their potential class action against Cantex Continuing Care Network, for allegations of unpaid forced overtime. Cantex Continuing Care is headquartered in Texas with skilled nursing facilities, rehabilitation, home health, hospice and assisted living facilities in Texas, Louisiana and New Mexico. 

The allegations include claims Cantex Continuing Care violated the Fair Labor Standards Act when employees felt obligated to work beyond their official clock time, working off the clock time including unpaid overtime, with knowledge of the work by Cantex. The workers allege productivity requirements required the unpaid labor. 

“Defendant knew this off-the-clock work was occurring and did nothing to stop it. … Due to onerous productivity requirements set by defendant, plaintiffs and other therapists worked off the clock or otherwise underreported their time” 

The workers claimed they were paid hourly for 40 hours per week while working more than 40 hours. They allege work off the clock added up to eight hours per week. Overtime for hours over 40 is one-and-a-half, eight hours of overtime requires 12 hours of additional pay. They further allege that other therapists at the facilities also underreported hours, including working through lunch breaks, and that the practice is ongoing. Workers could be disciplined for failing to meet productivity standards, and that the company knew workers worked beyond eight hours to avoid the alleged disciplinary action. The company also allegedly failed to properly record all hours worked in violation of the Fair Labor Standards Act. 

Fair Labor Standards Act 

Nonexempt employees must receive overtime for hours worked over 40 per workweek, according to the Fair Labor Standards Act originally passed in 1938.  Overtime for hours over 40 per workweek is to be paid at time-and-a-half rates. A workweek is a fixed recurring period of 7 days, or 168 hours. While workers are not limited in their total work hours, hours above 40 must be paid overtime unless the worker is exempt. Unpaid breaks including meal breaks require the worker be relieved of all duties. If a worker continues to work or maintain work responsibilities, such as updating patient records, the break period cannot be unpaid. 

Additional state laws in many states add additional pay rules, from eight hour workdays requiring overtime for time beyond eight hours, to double time rules or bonus payments for the length of a work day.  

Violations of the Fair Labor Standards Act include employees being able to recover unpaid wages and recover additional liquidated damages. Willful violations may be subject to criminal penalties, including fines and imprisonment. 

Unpaid Wage Class Action 

The therapists are seeking to represent a class of all former and current employees of Cantex at any location, from February 2019 to present, for any nonexempt employee who worked off the clock hours beyond 40 hours per week to meet the productivity requirements. The therapists are seeking on behalf of the potential class all unpaid wages, damages, fees and costs. 

Employment Class Action Law Firm 

If you wish to speak with an attorney to give information about unpaid overtime at Cantex Continuing Care, or unpaid wages or overtime at any company, please contact the attorneys at Schneider Wallace.  Schneider Wallace Cottrell Konecky LLP is a national law firm that represents employees in a wide range of employment law cases, including class action lawsuits involving the failure to pay wages, overtime pay and commissions. The case is Wallace et al v. Cantex Continuing Care Network LLC. Contact us at info@schneiderwallace.com or 1-800-689-0024.