Attorney Advertising:
Americare Senior Living Healthcare Worker Misclassification Lawsuit Investigation
Stueve Siegel Hanson, a national leader in wage and hour and employee rights litigation, has filed a class and collective action lawsuit against Americare Senior Living for alleged wage and hour violations for healthcare workers placed at Americare through the ShiftKey app.
The complaint alleges Americare misclassifies these healthcare workers as independent contractors (instead of employees) to avoid paying overtime premiums and also alleges that these workers are forced to work off-the-clock through missed meal and rest periods and working beyond their scheduled shifts without pay.
If you have used the ShiftKey app to work at an Americare Senior Living facility, fill out a form to contact our team. You can also email our team at [email protected].
Any communications with us, including submitting the form, will be kept strictly confidential.
Employee vs. Independent Contractor
Employers frequently classify employees as independent contractors to avoid complying with federal and state employment laws. This deprives employees of time-and-a-half wages for working more than 40 hours in a week, minimum wages (including protections against wage deductions), and protections against discrimination in the workplace.
In the United States, the label does not control the nature of an employment relationship. Simply calling a worker an independent contractor does not make it so. Likewise, employers and employees cannot contract around federal and state overtime and minimum wage laws. In other words, a contract stating that a worker is an independent contractor is not the deciding factor.
Instead, Courts look to what is commonly called the “economic realities” test. The factors for this test include focus on the control exercised over the employee by the employer. This can include the ability to hire and fire, control over scheduling, setting the wages, and maintaining employment records. Likewise, Courts will consider, among other factors, whether the relationship resembles a traditional independent contractor relationship where the worker has an opportunity for profit and loss based on efficiency and who supplies the tools of the trade.
Workers can find more information about employment and independent contractor relationships at both the DOL website and the IRS website.
Stueve Siegel Hanson LLP, a leading law firm nationally ranked for plaintiffs’ labor and employment litigation by Chambers USA, advocates for workers' rights in high-profile wage and hour litigation throughout the country.
Because we work on a contingency fee basis, where we are paid based on the results we achieve for our clients rather than time spent on a case, we can represent all qualified individuals, regardless of their ability to pay. There are no upfront fees, retainers or unpredictable hourly billing. This results-based fee structure means our trial lawyers have the same interests you do. Succeed for you and we succeed ourselves.