In a lawsuit filed in the United States District Court for the District of New Mexico, direct support professionals of Community Options, Inc. have raised allegations of their employer violating the Fair Labor Standards Act. Plaintiffs, on behalf of themselves and those similarly situated, bring claims of not being paid an overtime premium for all hours worked in excess of forty (40) hours per workweek.
The Class which Plaintiffs Roybal and Romero seek to represent includes:
All direct support professionals employed by Defendants during the relevant time period, who have been subject to Defendants’ policies of requiring them to work in excess of forty (40) hours per workweek without being compensated with an overtime premium.
In support of the Plaintiffs’ class filing, they cite numerous comments from popular job websites, Indeed.com and Glassdoor.com, wherein others aides voice similar complaints of violations of overtime law.
The Fair Labor Standards Act is the federal law that upholds federal minimum wage and establishes overtime pay. Overtime pay should be paid to the employee at no rate lesser than 1.5x their hourly rate.
In the lawsuit, the Plaintiffs are seeking damages for their alleged unpaid and incorrectly paid wages for all hours worked in a workweek, unpaid overtime, liquidated damages, interest, and attorney fees.
In addition, one of the Plaintiffs is seeking damages for his unlawful termination that was brought in retaliation for his multiple complaints to supervisors of Community Options, Inc. failing to pay him with an overtime premium.
Valli Kane & Vagnini LLP is the law firm representing the Plaintiffs and is continuing to investigate allegations of wage and overtime violations against Community Options, Inc. If you have any information that may assist in the investigation, please contact the firm using the contact form provided or by calling 1-866-441-2873. Any report made by an employee seeking legal advice is confidential as it is subject to attorney – client privilege.