Home Care Nurses Win Class Cert. In Unpaid OT Suit

By Caleb Drickey (April 28, 2021, 6:14 PM EDT) -- Home care nurses won a minor victory in their fight for additional overtime compensation when an Ohio federal judge conditionally certified a class of workers claiming they were forced to perform compensable work off the clock.

In a Tuesday order, U.S. District Judge Patricia A. Gaughan rejected health care company SMCS Services' arguments that the proposed class was too broad and its claims too flimsy, instead certifying a statewide class of nurses who allegedly performed 10 to 15 minutes of uncompensated work per day during shift changes.

"Although a close call, the court finds that the [evidence] submitted by plaintiffs are...

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