In a startling development, the University of Pittsburgh Medical Center (UPMC) and staffing company Velosource LLC find themselves entangled in a proposed class action lawsuit filed in the Allegheny County Court of Common Pleas. D'Nay Nnak, a former respiratory therapist, alleges that the Harrisburg hospital, in collaboration with Velosource, misclassified therapists as independent contractors, systematically depriving them of rightfully earned overtime wages.

UPMC Hit With OT Class Suit : Allegations Unveiled

In the complaint filed on Thursday, Nnak contends that UPMC and Velosource violated state wage and hour laws by designating respiratory therapists as independent contractors. Instead of receiving the mandated overtime premiums, these professionals were subjected to a flat hourly wage, regardless of their hours worked beyond the standard 40-hour week.

Unjust Compensation Practices

Nnak, who served as a respiratory therapist from February to June 2022, asserts that she regularly exceeded the 40-hour workweek, sometimes clocking over 50 hours. Despite her diligence, due to the independent contractor classification, she was denied the time-and-a-half overtime premium pay.

UPMC Hit With OT Class Suit : Unveiling the Work Dynamics

The plaintiff argues that her employment conditions did not align with the characteristics of an independent contractor. She claims that both UPMC and Velosource exercised comprehensive control over her job responsibilities, challenging the legitimacy of her independent contractor status. Nnak contends that, as she was effectively under their management, she should have been classified as a permanent employee.

Unmasking Respiratory Therapists' Roles

The complaint highlights the critical role respiratory therapists play in patient care, emphasizing their responsibilities in assessing and managing individuals with respiratory issues. Nnak underscores that the minimal educational requirement for this role—an associate degree and a license—does not qualify as advanced enough to warrant overtime-exempt status.

Seeking Justice for a Larger Cause

Nnak seeks to represent a proposed class consisting of over 40 current and former respiratory therapists who worked at UPMC-operated hospitals in Pennsylvania under Velosource's staffing arrangement. These individuals, covering a span of three years, were allegedly denied overtime premiums for hours exceeding the standard workweek.

UPMC Hit With OT Class Suit : The Scope of UPMC and Velosource

UPMC, a prominent healthcare entity, owns and operates diverse hospitals across Pennsylvania, while Velosource is a national healthcare staffing company. The lawsuit implies that the alleged wage violations may have affected respiratory therapists on a broader scale.

Representatives for the involved parties did not respond to requests for comments as of Tuesday.

Legal Representation

Nnak is represented by Franklin J. Rooks Jr. of Morgan Rooks PC, along with James E. Goodley and Ryan P. McCarthy of Goodley McCarthy LLC.

Counsel information for UPMC was not immediately available.