Nagle Comments on Lee's Industries Class Action Suit

Nagle Comments on Lee's Industries Class Action Suit
January 26, 2007

Robert C. Nagle, Special Counsel in the Labor, Employment and Employee Benefits Practice Group, was quoted in this article about his client, Lee's Home Health Services, also known as Lee's Industries, Inc., a home health care provider that is the subject of a class action lawsuit.

A class action suit has been filed by four former employees on behalf of nearly 1,000 workers who were refused overtime and travel time pay. The workers claim they were unaware they would not be compensated for working more than 40 hours a week or for the time it took to travel and see different clients.

Mr. Nagle said that the Lee's employees fall under the Pennsylvania Department of Labor and Industry's (PDLI) exemption category, and that Lee's is not required to pay overtime or travel time to employees that fall under this category.

"This area of the law is fairly complicated," Mr. Nagle said. "There are overlapping and conflicting provisions of federal and state law. The fair labor standards act does not require employers to pay overtime in those circumstances."

The attorney representing the women in the suit argues that the PDLI defines the exemptions to apply to "domestic service in or about the private home of the employer." He said that the employees are health care workers, not domestic service workers, and conducted no services in the home of their employer.

"Lee's is committed to complying with all laws, federal and state, as it applies to their employees," Mr. Nagle said.