Home healthcare agency sued for allegedly not paying clerical worker proper overtime rate

NEW ORLEANS - A Louisiana home healthcare agency is being sued for violations of the Fair Labor Standards Act by a clerical worker who claims he was not paid the proper overtime rate.

Brent Herrmann filed suit against Guardian Home Health Care of Louisiana Inc. on April 27 in federal court in New Orleans.

Herrmann was employed by the defendant in a clerical position from approximately May 2009 through December 2010.

He states that he worked in excess of 40 hours per work week, but was not paid at an overtime rate of time and a half. He was paid his straight time hourly rate.

Herrmann states that he complained about Guardian's pay practices and the failure to pay a proper overtime, but his complaint was not addressed. He lodged a complaint with the Department of Labor, and two days later, he was terminated.

Guardian is accused of violating the Fair Labor Standards Act, for terminating Herrmann in retaliation for him complaining about its pay practices, and for violations of the Louisiana Wage Payment Act.

The plaintiff is asking the court for an award of all wages due, plus 90 days penalty wages, attorney's fees, and court costs.

Herrmann is represented by Luz M. Molina of Stuart H. Smith Law Clinic and Center for Social Justice in New Orleans.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:12-cv-01076