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Press Release

Much Attorneys Earn Summary Judgment for Nursing Facility in Wage and Hour Class Action


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Much Attorneys Earn Summary Judgment for Nursing Facility in Wage and Hour Class Action

The U.S. District Court for the Northern District of Illinois granted summary judgment in favor of Much’s clients in a wage and hour class action lawsuit. The clients, owners and operators of a skilled nursing facility, employed the plaintiff, who alleged that her employer violated the Fair Labor Standards Act and the Illinois Minimum Wage Act by not classifying her as an hourly worker entitled to overtime pay.

Steve Blonder and Bob Neiman led the case, with Joanne Sarasin and Charlotte Franklin writing the briefs. The Much team successfully argued that the plaintiff and class representative worked as a Licensed Practical Nurse supervisor paid on a salary basis, and that she was therefore not entitled to any overtime pay.

The judge cited the Fair Labor Standards Act’s requirement that an employer must pay non-supervisory and other non-exempt employees at least one-and-a-half times their regular rate for any time over 40 hours a week worked. But the Court correctly noted that this rule does not apply to employees such as the plaintiff who work in a managerial capacity. The Court ruled that despite certain alterations in the plaintiff’s regular paychecks, plaintiff had failed to prove that she worked the majority of the time as a non-exempt, hourly worker based on the work duties she performed. The Court therefore entered summary judgment in favor of Much’s clients.

“The case proved to be challenging,” Blonder said. “Conflicting information about the defendant’s time spent on exempt versus non-exempt duties underscored the importance of diligent recordkeeping pertaining to employees and their responsibilities. We’re impressed with our client’s ability to prioritize effective policies and are thrilled with this result.”