PromptCare Companies Inc. On-Call Pay Lawsuit

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 hours worked while “on call,” such as time spent assisting 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. Because of PromptCare's failure, manual workers allege they are owed agreed-upon wages for unpaid hours up to and including 40 per workweek, overtime pay for unpaid hours over 40 per workweek, liquidated damages equal to their unpaid on-call hours, and liquidated damages equal to their late wages.

You can also view the filed complaint here.

FREQUENTLY ASKED QUESTIONS

What counts as compensable “on-call” time in this case?

The lawsuit alleges Respiratory Therapists were required to provide phone-based assistance to customers while on call but weren't paid for that time, even though it was work performed at the company's direction.

Who might be covered by this case?

Current and former employees, including Respiratory Therapists and drivers, who worked for PromptCare in New York or nationwide since December 17, 2016, and were paid bi-weekly and/or subject to the on-call policy.

Do I need to do anything to join this lawsuit?

It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.

What can I recover if this applies to me?

Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.

Where can I view the complaint that was filed?

The filed complaint is publicly available as a PDF, linked directly from this page.

CONTACT FITAPELLI & SCHAFFER LLP