Health care workers accuse nursing service company of unpaid wages

By Philip Gonzales | Dec 4, 2018

HUNTINGTON — Two health care workers have filed a class action lawsuit against a Charleston nursing service company, alleging violation of applicable minimum wage laws.

Betsy S. Farnsworth and Brittany E. Gamber, individually and on behalf of all others similarly situated, filed a complaint in U.S. District Court for the Southern District of West Virginia against Loved Ones in Home Care LLC, alleging violation of the minimum wage provision of the Fair Labor Standards Act.

According to the complaint, Farnsworth and Gamber were not paid for worked performed in excess of 40 hours in a work week. The plaintiffs allege Loved Ones in Home Care failed and refused to pay overtime for their travel time between client homes during their work shift.

Farnsworth and Gamber seek trial by jury, designation of this case as a collective action, unpaid wages and overtime compensation, liquidated and incidental damages, interest, costs and expenses and all other just and proper relief. They are represented by attorneys Rodney S. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston and by Mark A. Toor of Charleston.

U.S. District Court for the Southern District of West Virginia case number 2:18-cv-01334

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Bailess Smith PLLC U.S. District Court for the Southern District of West Virginia

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