FLSA Action Takes Aim At Gentiva's Wage Plan

Law360, New York (May 11, 2010, 3:06 PM EDT) -- Gentiva Health Services Inc. has been rung up in a putative nationwide class action accusing the home health care company of wrongfully classifying its employees as exempt under the Fair Labor Standards Act and alleging similar violations of New York and North Carolina state labor laws.

Over the past three years the company has maintained a corporate policy of paying its registered nurses and therapists pursuant to an unlawful hybrid compensation plan that includes per-visit payments for some work, hourly rates for other duties and no...
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