Maxim Healthcare Services is a nationwide provider of in-home medical care services. Currently, the company is facing two class-action lawsuits both alleging the company has violated various state and federal laws, including the Fair Labor Standards Act (FLSA) by not paying its salaried employees overtime.
Recently, a federal judge in Ohio granted early-stage certification to a proposed nationwide class-action lawsuit filed by Maxim Healthcare Services Inc. employees. By doing this, the judge has moved the employment lawsuit forward. The case hinges on whether or not the companionship services are exempt to the FLSA.
Following is an update on Maxim Ohio unpaid overtime and Wage and Hour Litigation:
• In October 2012, a Maxim unpaid overtime lawsuit was filed in Ohio by Jasmine Lawrence, who was employed as a Home Health Aide by the defendant until October 2012.
• In the Ohio lawsuit (Lawrence v. Maxim Healthcare Services Inc., case No. 1:12-cv-02600, in the U.S. District Court for the Northern District of Ohio), Lawrence alleges that Maxim Healthcare Services Inc. violated, and continues to violate, the Ohio Minimum Fair Wage Standards Act (OMFWSA) because of its willful failure to compensate her and the class members at a rate not less than one and one-half times the regular rate of pay for work performed in excess of 40 hours in a workweek. Lawrence claims she regularly worked over 70 hours per week while employed by Maxim Healthcare, and the majority of her time was spent performing general housekeeping duties as opposed to patient care.
• Lawrence also alleges that she and the members of the putative class who are employed by the Defendant in Ohio are “employees” within the meaning of the OMFWSA.
• In September 2013, US District Judge Christopher A. Boyko agreed to allow lead plaintiff Jasmine Lawrence to apprise potential opt-in plaintiffs of the matter via e-mails, workplace posters and payroll check add-ons, and ordered Maxim to comply with discovery on potential opt-ins that Lawrence requested as part of the litigation.
• Further, the judge found that Lawrence had carried her “slight burden” for winning FLSA conditional certification - essentially showing that class members were victimized by a single decision, policy or plan, according to the order.
• “At the opt-in stage of proceedings, the court must consider whether plaintiffs can demonstrate that the alleged putative collective class suffered from single FLSA-violating policy,” Judge Boyko wrote.
• In making his decision to move the class action forward, Judge Boyko heard from Lawrence and two other plaintiffs who all alleged that throughout their employment with Maxim they were not paid overtime compensation at the FLSA-mandated time-and-a-half hourly rate. All three plaintiffs also claim to have knowledge of other Maxim employees who performed the same duties as themselves and who also did not receive overtime pay.
• Lawrence asserted that Maxim imposed non-exempt domestic duties such as meal preparation and service, kitchen cleaning, grocery shopping, personal hygiene, making beds, and various other duties under what it termed a “plan for care,” despite having categorized its home health aides as companionship exemption under the FLSA.
• Notably, the total number of hours Lawrence spent on household chores exceeded 80 percent of her job duties, the number stipulated by the FLSA as qualifying for exemption status. Nevertheless, Lawrence claims she was paid a straight hourly rate for workweeks that sometimes exceeded 70 hours, and she provided pay stubs as proof.
• According to the complaint, Maxim “should have known from its experience” not to underpay home healthcare aides after a Florida federal court class action filed in 2008, in which a judge rejected the company’s bid for summary judgment on the alleged misclassification “after analyzing the precise nature of the work defendant’s home health aides did.”
Second Maxim Wage & Hour Class Action
• In August 2013, a second unpaid overtime class action was filed against Maxim by a salaried health care recruiter working from a Maxim office. The lawsuit contends that the plaintiff and those similarly situated were denied overtime compensation after working in excess of 40 hours a week throughout their employment performing non-exempt work, in direct violation of the Fair Labor Standards Act (FLSA).
• The class includes all current and former salaried recruiters, including healthcare recruiters, homecare recruiters, staffing recruiters and senior recruiters, who were employed by Maxim Healthcare Services Inc. at any time during the past three years.
Maxim Employees Collective Action
• Discovery is currently underway in another collective action against Maxim in Georgia federal court, this one on behalf of salaried recruiters who also allege they were misclassified.
Maxim Settlements and Dismissals
• In June 2012, Maxim paid $12.3 million to settle three federal cases brought on behalf of recruiters.
• Also in 2012, Maxim nurses failed to win class certification on their overtime claims in California federal court.
• Over 14,000 people have been employed as Maxim home health aides, including more than 4,000 in Ohio.
• Court documents indicate that Maxim has contracts to provide hundreds of state and federal government agencies and private insurers with home health care staffing services.
• Maxim Healthcare Services, Inc. is a Maryland corporation which, through hundreds of office locations nationwide, provides in-home personal care, management and/or treatment of a variety of conditions by nurses, therapists, medical social workers and home health aides.
If you or a loved one have suffered losses in a similar case, please click the link below and your complaint will be sent to an employment law lawyer who may evaluate your claim at no cost or obligation.
Posted by Anita Slater
Yes,I have worked for Maxim since 2011-they have told me and several HHAs that we have capped out on our pay! They (the Company) really is terrible to work for-we don't get Holiday pay ( I have worked every major Holiday-straight time)-have to wait 5 years for a paid vacation. Am looking for a job-the insurance they offer is worthless for the price they take out of my check-plus just found out that bc/bs is rising price of premiumns-if thay do that I'll get made a $100 take home pay! Thanks for nothing Maxim
Posted by Paula Gall
I have worked for Maxim TN for 9 years. I was injured in a car accident which wasnt my fault in May. I informed them with the utmost respect that I would unfortunately be off work for at least 8-12 weeks. I was really concerned about my patient and family having coverage as our night nurse had just left as well. I was told that they would cover my days with "fill-ins" until i was able to come back. Now that I am able to be back on that case, they tell me that I cannot have my original days back because a new hire gets to choose what thwy want to work. I am diappointed in the "office". I have been there far longer than 80% of out current nurse and ALL of the office staff that we currently have. When I shared my feelings about how im being treated with one of our recruiters yesterday. I was sent an email telling me that that same nurse will be working Tuesday(a day that I am scheduled to work). Not a phone call to discuss the matter, an email. A cowardly email!!!! Also, Maxim Nashville has some of the worst receuiters ive seen in my 9 years with this company. They are concerned with filling cases with quantity instead of quality healthcare for these families and children. And for an earlier post I was reading about pay scales.....Maxim gets paid a very high dollar amount per day for each case. They pay YOU what they think is fair for them to keep in their pockets. Not what is fair for your hard work, sacrifice of your own family time, and dedication and care for these patients.
Posted by Samara szczesny
I had quit my $15 an hour job to assist a friend at home who was bedridden. At first I got paid a measly $10 an hour and now a mode over A month's salary. When I call to ask they blame it on insurance billing and tell me I will only get paid if I can figure out how to get money from my consumers Insurance Company period recognizing this is grossly wrong I'm wondering what I can do to collect my wages. I can remind them of the pending suits against them but if someone could tell me how to join the fight to get wages for hours worked I would appreciate any help anyone could get. I live in New York state and because of their gross neglect and losing my home my car and possibly my mind
Posted by Shaka Moore
I worked for Maxim years ago and they would promise one pay for an assignment but pay less. Nurses would call out and they would ask me at the last minute to cover the shift promising higher pay for a last minute assignment but they would end up paying a much much lower rate. They would also quote one pay for an assignment but pay dollars less. When I asked about this, the office blamed home office stating they were submitting the promised pay but when I contacted home office, they blamed the office stating the correct pay was not being submitted. So I never received my money and I quit due to them not paying for time worked. I recently went back (dumb on my behalf) to work some part time shifts thinking since management changed, the office was different. I did enjoy my patients , just not the compensation. They are currently under some sort of federal issue from fraud and are making new employees watch 6-8hrs of video training (that has NOTHING to do with the job applied) at home. They are promising $40 compensation for this training which is BELOW POVERTY PAY and promising a $100 "BONUS" for completing the training within 3days. I completed the training within three days thinking the $100 would compensate for the $40 since it did take me 7 he's to complete...at home. When I received my check, they paid me $8x4hrs=$32. My take home was $28!!!!! When I asked about the rest of my money, the girl acted confused, stuttering telling me "maybe you will get it next week". I have completed about 4hrs of in office orientation which I have not received a check for but submitted a time sheet. After receiving this type of treatment and not being paid, I never looked back. I made up my mind that I was not taking on any assignments because if they weren't paying for orientation than I could only imagine the headache I would be going through to obtain a regular paycheck. Maxim should be ashamed of themselves for treating its employees like this. I'm reading on here that its multiple employees from different areas so this isn't just one office. I am looking for them to be filing bankruptcy soon. Perhaps they will file once they are finished with that federal stuff they are going through. When you treat your employees like CRAP, you get CRAP!!!! I am a Registered Nurse and can't remember the last time I received $8/hr for pay!!!! That was literally, a slap in the face.
Posted by Mickey
So they shorted me a WHOLE WEEK of PAY. It's been 4 days and they have not fixed this.
I stay over a lot because the day nurse is chronically an hour late. Instead of getting my paycheck, I get an email asking me why my hours deviate from my assigned hours. I am ON TIME. I leave an hour late because the freakin Maxim day nurse is late. She is not being questioned about her hours. I feel like I am being questioned because I simply want my freaking paycheck!! I have been staying over an hour late almost every day with this client for the past 2 1/2 years. All of a sudden, this is an issue?!!!!'
The patient's family loves me and does not want me to leave. I am already on with another agency that uses a mechanized clock in system so your times are verifiable and no one questions your integrity. This family wants me to switch to the other agency---they are actually suggesting I do that and say they will be happy to sign on with this agency. My question is, if I do so, can Maxim sue me?
Furious in Fresno
Posted by Anta Bradley
California. Worked for Maxim for many years. Maxim is a registry/temporary agency. I applied at another maxim in a different city. I applied, I never worked for them. Never received a paycheck. Never had a paycheck. I changed my mind. Decided not to work for them, had a better offer. They put me in the system on my record: DNR.Do not return. They made it so that l can never work for any Maxim again or their sister company. So l started inquiring to what is going on. I never worked for this office. I applied then changed my mind . l informed them. Now the lies start. Oh, you didn't complete the on line modules. Then oh there was code of conduct.. Oh my god just think what would have happen to me if l actually worked for them. I was always hearing people talk about maxim. Don't work for Maxim , they put stuff on your record. Never thought it would happen to me over some lies. and people being nasty.
Posted by Joe Truth
I have the unique perspective of working for Maxim both as a nurse and also as a recruiter. YES! These lawsuits are legit. As a recruiter, I worked 60 hours a week easily and was on call during the weekends. I was paid a measly small salary, and that's how they avoided paying me overtime. It was my first job out of college and was the only job I could find at the time. This was in 2005. I quit after 3 months. It was one of the worst jobs I have ever had in my entire life, and that's saying something since I worked at McDonald's when I was 16 yrs old. I despised working there. The stress is enough to put these college grads in an early grave. Just horrible.
I became a nurse after the bitter taste of the corporate world, I worked for Maxim to get nursing experience. They are a shady company, I knew this, but figured since I had been a recruiter before with them at least I knew the in's and outs. I was desperate to get some nursing experience. Well now I've got some so I would never consider working for this awful company again, and neither should you. If you are a recent college grad and they offer you, RUN!!! Do not work here.
Posted by Maggie
Worked for this company close to 3 years without any raise. Always got good annual evaluations. Only stayed on with the case because I became attached to the client and family. When case was finished I took a couple of months off. Then one day my checking account had a check deposited from Maxim. I was honest-contacted them about the mistake. Was told I had to work a shift to pay it back-BLACKMAIL! Its was for a case that they couldn't keep nurses on. Needless to say I put in my resignation and wrote them a check for what they tried to pull at my expense. Very shifty company!
Posted by Mike1087
As a former recruiter left in late April, is there an option for me to sin for the suit?
I was employed for a number of years.
Posted by Brenda
I worked for maxim and signed the lawsuit papers and I would like to know if it is still open or have then started paying back money?
Posted by Jess
I currently work for Maxim. I work 3 houses a week I was told I would get overtime pay but after taking my third house was told CNA's do not get overtime pay. I work 60 hours a week and miss $300 off my check a week. I also work extra hours for them and still receive no overtime pay. I do all kinds of work. I clean, cook, and carry my patients( which can and probably will lead to health problems). Maxim does nothing to to pay me my worth. I'm looking to see if there is an open lawsuit for current employees to join. On my check stubs its listed as overtime but I'm paid regular pay not time and half. This is so unfair to the people who work and give up time with their own family.
Posted by Ana
I am currently working for Maxim and I have had them short pay me for regular work hours that they still have not correctly compensated me for, they tried to pay me at a lower rate than promised and currently are bot paying my overtime correctly. I called the corporate payroll department and they told me there was nothing they could do if the office is not submitting the overtime right they blamed it on each other with the office saying they have submitted my overtime but after bringing it to the office and corporation's attention I am still having my overtime paid at my regular rate I have threatened to file with the labor board and I am prepared to do it I will see if they will sing a different tune after the are heavily penalized.
Posted by Teresa Weech
I hope maxim goes out of businesses. They are such a piss poor company, and have no clue on how to support their nurses. I worked for them for 5ys. I'm SO blessed to not be with that company anymore. Thank you Lord. Amen
Posted by Chris N
Does anyone know if there are still open lawsuits against Maxim for Not paying overtime at all, incorrectly, or other pay issues? My wife worked for them till just recently and they constantly paid her overtime at a lower rate than she should have been paid at. She would be working two cases during the week and one would pay less than the other. She would work overtime at the higher paying case but get paid at the lower rate. Also we caught them 3 times not paying her at all for a day she worked. They would come up with some excuse that they lost the paperwork. I am sure if we got ALL her paystubs over the last 5 years she has worked there, there would be countless mistakes. We are in North Texas. I have been searching to see if there are still any cases open.
Posted by Carmen
This is how Maxim operates. Whenever anything happens or any problem comes up, they will always blame the nurse or caregiver. They don't want to hear that there are any problems until they absolutely can not be ignored, then they turn on the nurse. They will always claim that the nurse did something wrong. They ruin our reputations by fabricating false statements or believing gossip that is just not true. Maxim does not support the nurses who provide the direct care. We are out there on our own doing the best that we can for our patients and their families, but it is not appreciated by Maxim. Their idea of an investigation is listening only to what a complaining parent has to say, behind your back (without your knowledge), then using this so called "complaint" when it is conveniant for them to use it against you or when they want to get rid of you if things are getting too messy for the company. They only care about protecting Maxim period.
Posted by SHIRIN
I worked for Maxim for 2 years. During that time, I was accused of stealing wash cloths that were used to clean feces and a screen door. Maxim determined I was innocent. Maxim allowed my mom to take me to and from work. But when my bf was fixing my car in the clients driveway, it became a violation of hippa but mom taking me to work wasn't. Then, at my 2 yr, I broke my foot moving and was locked out of my online training so I could not do my annual recertification, and was not able to print pays tubs. Because of breaking my foot, I list my job. Maxim basically said I quit because I didn't do the annual recertification. But they caused me not to be able to. I jumped through so many hoops during and after employment and still couldn't get my job back. They deserve a lawsuit.
Posted by DEE
I Worked for Maxim for 10 YEARS and totally got the shaft after I was "allegadly" asleep which I was NOT..PATIENT AND FAMILY vouched for me..they did an "Investigation" where they found me innocent the whole while keeping me totally off work and BROKE! NEVER once asking me my side of story or supporting me what so ever after 10 yrs of service w no prior problems..The nursing superviser Saundra is in the wrong business we are suppose to CARE. NOT judge,badmouth, and backstab..what comes around goes around you heartless cruel human being and a TERRIBLE cold uncaring & heartless WITCH..
Posted by Valerie
I work 70 to 80 hours a week to survive with my special needs child.they say I make to much for assistance.I work overtime without overtime pay just to survive.my son had surgery and they insisted I work while I waited for him to go into surgery leaving him in care of a hospital staff member so I didn't lose my job.they gave me employee of the month to cover what they did. Have never had a day off ln 7 yrs unless I requested sometime off.without overtime I can't make it ln my own.but I work regular pay so I don't lose my child.house.food.Etc.not fair at all.......
Posted by Missy
As a maxim employee I can honestly say that whats right is right and whats wrong is wrong and the company is wrong and should pay All its employees whats due to them. Dee I agree with you 100%. Its called GREED.....
Posted by chuck globseu
poor girl they need to pay her it sucks when people try to do good and work hard and then be taken advantage of because companies like this don't know how to follow the law smh
Posted by dee
maxim only cares for themselves..they never take the employees side or have their back in anyway..they dont even care to listen to your side of the story and will keep you off shifts so you lose $ and their cheap ass saves $..because all they care about is the allmighty dollar NOT their dedicated employees..horrible company to work for...i know i wastec 5 yrs w them never once getting a raise or a thank you...dee
Posted by Deborah J Robinson (Moore)
I worked for Maxim for a short time as an LPN providing homecare for a special needs child. The Dad was in the Army, and to start with the Mom didn't work, she had 2 other children, boy 2 and girl 6.After a couple of weeks the mom got a job at Snap on, She left the house at 7:15 am and home at 6:00pm. I not only took care of the patient, also had the other 2 small children too care for, I cleaned house and cooked some meals for the supper. The dad was in and out during the day on base. I did not get paid for attending the other 2 children, and sometimes was late leaving but was told that Maxim would not pay overtime and don't put my clock out time on nursing notes past my 8 hours. This happened on several occasions. I accompanied the mom to doctor appoints out of town with my patient and was late returning but was only paid for my 8 hours for the day. Maxim was aware of all of this. Very unfair and they do not care about their nurses, they only worry about what makes the parents happy no matter what it is. When I complained about babysitting the other 2 kids and not being paid, and staying over and only receiving pay for 8 hours I was took off my job and put under investigation for caring for 2 other children like it was my fault when Maxim employers new about it and never once addressed the issue. This was humiliation for me and I was under investigation to see if I provided the care I should have to the patient. I am a very good nurse and my patients always get the care they should. This really upsets me that Employers like this are able to do what they please just to make profit. And they wonder why all the law suits?
Posted by Carol Huss
I worked for Maxim for over five years as an LPN providing homecare. In December of 2012, a father of the child I was caring for...complained that I was sleeping on the job.
Maxim fired me on the spot. I wasn't sleeping and I had provided excellent nursing care as well as picking up shifts at the last minute for other nurses who called off. My annual reviews were great. I still am in shock that they did this.
Maxim is run solely as a for profit business. They really don't care about their nurses. Why would they give credibility to this dad and totally dismiss what the nurse says....especially a nurse who has an excellent reputation. Maybe they are frightened by all the lawsuits????
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