HUNTINGTON – A federal judge has granted a joint motion for approval of settlement and dismissal in a lawsuit against Genesis Eldercare Rehabilitation Services.
The plaintiffs, Sherrie L. Federer and Karan Neal, agreed to resolve their claims against Genesis for $20,047 and $52,225, for a total of $72,272. The defendant also agreed to pay $6,000 in attorneys’ fees.
Under the Fair Labor Standards Act, a court must approve a settlement for fairness before it can be executed by the parties, according to the opinion and order filed Oct. 26 in the U.S. District Court for the Southern District of West Virginia.
U.S. District Judge Robert C. Chambers wrote that the parties voluntarily entered into the settlement, which they believe to be fair and reasonable, and that there is no evidence that either party engaged in fraud or collusion in reaching the settlement.
“Upon review of these considerations and the terms of the settlement, the court agrees with the parties and finds the parties agreed to a fair and reasonable settlement,” Chambers wrote.
Chambers also approved the $6,000 for attorneys’ fees for the plaintiffs’ counsel.
Federer and Neal filed their class action lawsuit on Jan. 6, alleging they weren’t paid overtime pay, which violated the Fair Labor Standards Act.
Federer claimed she worked an average of six overtime hours per workweek to complete clinical notes during her unpaid lunch break, after her scheduled workday and/or on weekends for which she was not paid.
Neal claimed she worked an average of 10 overtime hours per workweek completing her clinical notes during her unpaid lunch break, after her scheduled workday and/or on weekends for which she was not paid.
The plaintiffs were seeking damages for unpaid overtime wages. They were represented by Mark Goldner and Maria W. Hughes of Hughes & Goldner.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-00211
