On August 28, 2014, Sommers Schwartz attorney Jason Thompson obtained final approval of a settlement in a wage and hour class action against Maxim Healthcare Services. In the case, filed in federal court in Atlanta, Georgia, Plaintiffs alleged that Maxim improperly classified them as exempt salaried Homecare Recruiters. Maxim denied any wrongdoing and pointed to a variety of sources in support of classifying the recruiters as exempt from overtime pay, including a 1998 Florida case where a Maxim recruiter defeated summary judgment but he ultimately lost in a bench trial ruling that was affirmed on appeal.
The lawsuit, brought as a class action, included numerous state law claims from 14 different states and an overtime claim under the federal Fair Labor Standards Act. After more than a year of litigation, the case was settled for $1.575 million on behalf of over 500 current and former Homecare Recruiters.