On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants working for Dwell, Throggs Neck, and the other affiliated facilities who assert they did not receive the overtime pay they deserved under the Fair Labor Standards Act (FLSA).
More specifically, the lawsuit alleges that Dwell and Throggs Neck failed to pay the proper overtime rate to physician assistants it employed and shared throughout its clinics. Under the FLSA, if a physician assistant is paid hourly, they are entitled to overtime pay at one and a half times their regular rate of pay. In this case, Dwell and Throggs Neck paid their physician assistants by the hour, but failed to pay them any overtime for the hours they worked over forty per week. In addition, the lawsuit alleges that Dwell paid its physician assistants from different payroll accounts so that they would appear to not work over forty hours per workweek. Under the FLSA, however, all work done for related companies – known as a “joint enterprise” – must be counted together for the purposes of paying overtime. It is also alleged that Dwell failed to provide proper annual wage notices and accurate wage statements under the New York Labor Law. This wage lawsuit seeks to recover overtime compensation, liquidated damages, and statutory penalties for eligible physician assistants.
As these alleged violations happen frequently in this industry, it is beneficial to inquire with an employment lawyer to understand if you are being paid properly. Physician assistants should not be considered exempt from receiving overtime if they are paid by the hour. If you or anyone you know is a current or former physical assistant for Dwell, Throggs Neck Urgent Care, Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, or Walk-In Medical, Urgent Care, please contact the employment lawyers at Fitapelli & Schaffer, LLP to schedule a free consultation and to see if you are eligible to join this FLSA wage lawsuit. We are strongly committed to protecting the rights of hard working employees. You can contact us by calling (212) 300-0375 or by visiting our website at www.fslawfirm.com. You can also view the complaint here.