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Home Health Worker Files Class Action Lawsuit Regarding Travel Time Paid at Straight Time Rates

On November 30, 2017, we filed suit in Federal Court in Austin, Texas against AccentCare, Inc., a nationwide home healthcare company. The case was filed on behalf of Estella Lynn Trammell and a class of individuals who were shorted overtime pay by AccentCare.

The lawsuit alleges that AccentCare shorted its employees overtime through two pay practices. First, Trammell was paid straight time for her intra-workday travel time. The overtime violation occurred during the numerous weeks where Trammell worked more than forty hours in a week but was still paid straight time for her travel time. Department of Labor regulations provide that intra-workday travel, travel occurring from job-site to job-site during the workday, is work time and eligible for overtime compensation.

Second, Trammell alleges AccentCare paid her non-discretionary bonuses but did not include the bonuses when calculating her overtime rate in weeks where she worked overtime. Under Department of Labor regulations, non-discretionary bonuses must be included in calculating the employee's overtime rate. When included, the overtime rate is higher.

Trammell brings claims under the Fair Labor Standards Act (the "FLSA") against the home health care company. Employers that violate the FLSA are subject to double damages for all of the wages they deprived their workers. Employers are also responsible for the employee's attorneys' fees if the employee prevails.

In the lawsuit, Trammell seeks to represent a class of AccentCare employees that were also subject to the same violations-uncompensated travel time or non-discretionary bonuses not being included in the overtime rate. Trammell is requesting lost wages, liquidated (double) damages, injunctive relief, and attorneys' fees. 

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