Case 1:23-cv.00084-JPB. Document Filed 06/15/23 Page 1 of 24 PagelD #: 1 INTHE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA, (Wheeling Division) ELECTRONICALLY FILED 65/2023 lus. pisreicr cour "Nachem Diss of WY Dominique Heard, i ‘Amanda Luzader, 1 Kenneth Miklich, 1 {for themselves and on behalf of similarly I situated employees, Plains, Case No, _5:23-CV-230 Honorabie Judge Dalley West Virginia United Health System, Ine ‘West Virginia University Hospitals, Ine, Come ion, dba Jackson General Hospital, United Hospital ‘Center, luc, The Charles Town General Hospital Corp. dbf Jefferson Memorial Hospital, Hospital, Ine, City Hospital, Potomac Valley Hospital, ‘Memorial Hospital, Ine, Reynolds 1 ‘Memorial Hospital, Inc, The West Virginia, Health Care Cooperative, Ine, Braxton County Memorial Hospital, Ine. St. Joseph's Hospital of Buckhannon, Ine, Wetzel County Hospital, Inc, Wheeling Hospital, Ine: WVUHS Home Care, LLC. West Virginia University Hospitals East, Ine Camden-Clark Health Services, Inc, United Summit Center, Ine. United Physicians Care, Ine Camden-Clark Physician Corp, Fayette Physician Network, Ine, Thomas Health System, Ine., Princeton, ity Hospital Assn, Ine, Barnesville Association, Ine, Uniontown, Hospital In, Harrison Community Hospital, Ine, Wheeling Ambulatory Surgery Center, LLC, Garrett County ‘Memorial Hospital, Inc, and Allied Feat Services, Ine. JURY TRIAL DEMANDED DefendantsCase 1:23-cv.00084-JPB Document 1 Filed 06/15/23 Page 2 of 24 PagelD #: 2 COMPLAINT Plaintif, by and through their counsel, respectfully submit their complaint against West Virginia United Heath System, ine. (“WVUHS"), Wost Virginia University Hospital, Ins Community Health Association, dbf Jackson General Hospital; United Hospital Center, tne The Charles Town General Hospital Corp. da eeson Memorial Hospital, nes Camden Clark Memorial Hospital, Ine; Cy Hospital, Ine Potomac Valley Hospital Ine; Grant Memorial Hospital, Ines Reynolds Memorial Hospi Ines The West Virginia Heath Care Cooperative, Ine Braxton County Memorial Hospital, Ine; St osephs Hospital of Buckhannon, Ine; Wetzel County Hospital, Inc; Wheeling Hospital, Ine; WVUHS Home Care, LLC:; West Virginia University Hospitals Eas, Inez Camvden-Clark Health Services Ine; United Summit Center, Ine: United Physicians Care Ine.; Camden-Clark Physician Corp; Fayette Physician Network, Ines ‘Thomas Health System, Ine. Princeton Community Hospital Assn. Ine; Barnesvile Hospital ‘Association, Ine; Uniontown Hospital, Ine; Harrison Community Hospital, Ine; Wheeling Ambulatory Surgery Center, LLC; Garrett County Memorial Hospital ne: and Allied Health Serviees, In, (collectively “Defendants” and sate a follows’ ‘Cause of Action 1, Plains are curent or former employees of WVUHS andlor its affiates and bing this action on behalf of themselves and other employees similarly situated 2. Plaintiffs bring this ation fora declaratory judgment, back pay, liquidated damages and other telief pursuant to.29 U.S.C. § 207, 29 US. §216(b), 28 USC. § 1331, 28 U.S. § 1337, W. Va, Code § 21-SC-8, and W, Va. Code § 55-13-11 remedy the Defendants willful and unlawful violations of federal and state law complained of herein, 2Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 3 of 24 PagelD #3 PARTIES Defendants 3. Defendant WVUHS is health system operating hospitals, clinics and associated facilities in West Virginia, Ohio, Pennsylvania and Maryland, 1. WVUHS isthe parent corporation to an affiliated group of healtheare providing, “entities that includes each ofthe other Defendants named in this complaint. b. WVUHS provides centaized legal, administrative, inane marketing and human resources services to each affiliated healthcare providing entity, including the other Defendants named in this complain. ‘&. WWUHS maintains system-wide policies that govem the conduct and compensation of ll employees of the afitated group of healthcare providing cies, including the other entities named as Defendants inthis complaint A seston of WVUHS policies germane tthe subjet ofthis Complain Is appended hereto as Appendix A 4. WVUHS controls each ofthe other entities named as Defendans inthis complaint, respec tothe overtime pay polices at issue «&. WVUHS contols recruitment and biting foal postions held by Plaintiffs and similarly situated employees working foreach ofthe Defendants i his complain. £ WVUHS recruits and solicits applications fem new employees by explaining to them tht “The West Virginia University Health System, the state's largest health system and largest private employer, operating hospitals thoughout he state and bordering states. In addition, it incluses five institutes, as well s providing management services for other local hospitals through affiliate agreements, 3Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 4 of 24 PagelD #: 4 Whether you re caring for outpatients atone ofthe eitical access hospitals, ‘community ste, regional or asademic medial centers, we ae all one WVU Health System" ‘& WVUHS maintains system-wide cinca advancement program to enhance professional development, provide reward sytem for quality iil performance, promote quality nursing, and improve job satiation fr inpatient directcare nurses employed by each ofthe other entities named as Defendants in this complaint bh. WVUNS possesses and exercises the authority to transfer employees including, Plaintiffs nd similarly situated employees, fom one ofthe ailiated groups of healthcare ents to another. i. WVUHS is party to an Organized Heath Care Arrangement with each ofthe other Defendants named inthis complaint, which govems each Defendant and each of Defendants employees wse and diselosure of protested health information for thei joint health care activities |. WVUHS controls the administration of pay policies for employees ofeach Defendant, including policies involved inthe avertime violations alleged in this complaint, For example, WVUHS “St, Leadershp/Finance” and a WVUHS “System Compensation Team” contol administration of the Critical Staffing Progeam described elsewhere in tis Complaint. 4, Defendant WVUHS is a “enterprise engaged in commerso” within the meaning lof Section 33) ofthe FLSA. 29 USC § 203(3)1),Case 1:23-cv-00064-IPB Document 1 Filed 06/15/23 Page of 24 PagelD # 5 5. Defendant WVUHS is an “employer” within the meaning of Section 3(4) ofthe FLSAand Section 1(¢) of the WY Standards, 29 USC. §203(4 and W. Va. Code § 21-5C-1() \WVUHS's principal office and place of business is located at 1 Medical Center Drive, Morgantown, WY 26506 6. Defendant WYUHS is, for purposes of liability under the FLSA, a joint employer with ech ofits afilated healthcare providing entities, including the other Defendants named in this Complaint, Defendants are jointly and severally lable to Plaintiffs under the FLSA and the WV Standac 7. Defendant WVUHS is for purposes of ibility under the FLSA, a single integrated enterprise with each ofits fisted healthcare providing ene, ineluding the other Defendants named in his Complaint. Defendants are jointly and severally able o Prats under the FLSA and the WW Standards 8, Defendant West Virginia University Hospital, In. WVUH, Ine.” is an afte of WYUHS and a health eare provider operating hospitals, lines and assorted facilities in West Virgin and an “enterprise engaged in commerce within the meaning of Section 3(9 ofthe FLSA. 29 USC § 20345). 9. Defendant WVUM, In. ian “employer” within the meaning of Section 36) of the FLSA and Sesion I(e) ofthe WY Standards. 29 U.S.C. §203(l) and W. Vo, Code §21-5C- 1(@). WU, nc’ principal office and place of busines is located at | Medical Center Drive, Morgantown, WY 26506. 10. Defendant Community Health Assocation, iba lackson General Hospital (CHA-tackson”) is an affiliate of WVUHS and a health care provider operating hospitalsCase 1:23-cv-00064-IPB Document 1 Filed 06/15/23 Page 6 of 24 PagelD #: 6 clini and assorted facilites in West Virginia and an “enterprise engaged in commerce” within the meaning of Section (5) ofthe FLSA, 29 USC § 20343). 1. Defendant CHA-Jackson isan “employer” within the meaning of Section 3(4) of the FLSA and Section 1(@) ofthe WY Standards. 29 U.S.C. §203(d) and W. Va. Code §21-5C- 1), CHA Jackson's principal office and place of business is located at 122 Pinell Street, Ripley, WV 25271 12, Defendant United Hospital Center, Ine. (*UHC, Inc”) isan afitiste of WWUHS and a health cate provider operating hospitals, lines and assorted facilities in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 3(6 ofthe FLSA. 29 USC § 20346). 13. Defendant UHC, In. isan “employes” within the meaning of Section 34) ofthe FLSA and Section (6 of the WV Standards, 29 U.S.C. §203(4 and W. Va, Code §21-5C-1(6. UHC, Ine’ principal office and place of business is located at 327 Medial Park Dr, Bridgeport, wy 2650, 14. Defendant The Charles Town General Hospital Cop. diba Jefferson Memorial Hospital, Inc. (Iefferson”) isan affiliate of WVUHS and a health cate provider operating hospitals, ctinies and assorted facilities in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 3s) of the FLSA. 29 SC § 20581), 15, Defendant Jefferson is an “employer” within the meaning of Section 3(@) of the FLSA and Section I(e) ofthe WV Standards. 29 U.S.C, § 203(d) and W. Va. Cade § 21-5C-1(e). Jefterson’s principal office and place of business is located 300 S. Preston St, Ranson, WV 25438,Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 7 of 24 PagelD # 7 16. Defendant Camden Cla Memorial Hospital, ine. (“Camden”), is an affiliate of WVU and «health care provider operating hospital, clini and assorted facilities in West, Virgina and an “enterprise engaged in commerce” within the meaning of Section 33) of the FLSA. 29 USC § 203), 17. Defendant Caden is an “employer” within the meaning of Section 3) ofthe FLSA and Section (eof the WV Standards, 29 U.S.C. §203(4) and W. Va, Code § 21-5C-1(). Camden’ principal office and place of busines is located at $00 Garfield Ave, Patkersburg, WV 26101, 18, Defendant City Hospital, ne. (°C) is an affiliate of WVUHS and a health eare provider operating hospitals, clinics and assorted facilis in West Virginia and an “enterprise engaged in commerce" within the meaning of Seaton 3() ofthe FLSA, 29 USC § 2035}. 19, Defendant City is an “employee” within the meaning of Section 34) ofthe FLSA and Section If) ofthe WV Standards. 29 US.C. § 203( and W.Va, Code § 21-SC-1(0)- City’s principal office and place of business is located at 2500 Hospital Drive, Martinsburg, WY 25401 20. Defendant Potomac Valley Hospital, Ine. ("Potomac") is an fiat of WYUHS and a health care provider operating hospitals, clinics and assorted facilities in West Virginia and an “enterprise engaged in commerce" within the meaning of Section 3(3) ofthe FLSA. 29 USC § 2036610. 21, Defendant Potomac isan “employer” within the meaning of Section 34) ofthe FLSA and Section (@ of he WV Standards. 29 U.S.C §203(4) and W. Va, Code §21-5C-1(6). Pofomae's principal offic and place of busines is located at 100 Pin Oak Lane, Keyser, WV 26726,Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 8 of 24 PagelD #: 6 22. Defendant Grant Memorial Hospi Ine, (Gran) san aia of WVUHS and health eae provider operating hospitals clnies and assorted facilites in West Virginia and an “enterprise engaged in commerce" within the meaning of Section 8) ofthe FLSA, 29 USC § 2031940, 23, Defendant Gran is an “employee” within the meaning of Se ion 34) ofthe FLSA and Section 1(@ of the WY Standards, 29 U.S.C. §203(4) and W. Va, Code §21-5C-1¢). Gran’ principal office and place of business located a 117 Hospital Dive Petersburg, WV 2.6847 24, Defendant Reynolds Memorial Hospital, Ine. Reynolds" is an afiiat of WVUHS and «health eae provider operating hospital, line and assorted felis in West, Virginia and an “enterprise engaged in commerce within the meaning of Seton 3() ofthe FLSA. 29 USC § 203(9K1). 25. Defendant Reynolds is an “employer” within the meaning of Section (4) of the FLSA and Section 1(e) ofthe WY Standards, 29 U.S.C, § 203(d) and W. Va. Code § 21-SC-1(6). Reynolds principal office and place of business is loeated at 800 Wheeling Ave, Glen Dale, WV 26038 which ie located in Marshall County, West Virginia, 26, Defendant The West Virginia Health Care Cooperative, Ine. (Cooperative) is an alfiliae of WWUHS anda health cae provider operating hospitals, clinics and assorted fies in West Virginia and an “enterprise engaged in commerce within the meaning of Seton 3(8) of the FLSA. 29 USC § 20861), 27, Defendant Cooperative isan “employer” within the meaning of Section 3(@) of the FLSA and Section I(e) ofthe WV Standards. 29 U.S.C. § 203(d) and W. Va. Code § 21-5C-Case 1:23-cv-00064-IPB Document 1 Filed 06/15/23 Page 9 of 24 PagelD #: 9 1(¢) Cooperative’s principal office and place of business located at 400 Fairview Hei Summersvlle, WV 26651 28, Defendant Braxton County Memorial Hospital, Ine. (“Braxton”) isan affiliate of| WVUHS and a health care provider operating hospitals, clnies and assorted facilites in West Virginia and an “enterprise engaged in commerce" within the meaning of Section 3(3) ofthe PLSA, 29 USC § 203(5)1). 29, Defendant Braxton is an “employee” within the meaning of Section 34) ofthe FLSA and Section 1(e) ofthe WV Standards, 29 US: 203(d) and W.Va. Code § 21-56-12) Branton’s principal office and place of business is located at 100 Hoylman Dr, Gassavay, WV, 26604, 30, Defendant St. Joseph's Hospital of Buckhannon, lnc. (St Joseph's") san lfline of WWUHS anda health cae provider operating hospitals, eines and assorted facilis in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 3(8) of the FLSA. 29 USC § 20345). SI. Defendant St. Joseph's i an “employer” within the meaning of Section 3(d) ofthe FLSA and Section (6) ofthe WW Standards. 29 U.S.C §203(4) and W. Va. Code §21-5C-16). Si. Jose's principal office and place of business loated at | Amalia Dr, Buckhannon, WV, 26201, 32, Defendant Wetes! County Hospital, Ine, ¢*Wetze") san afte of WVUHS and “heath care provider operating hospitals, clinis and asorte faites in West Virginia and an “enterprise engaged in commerce" within the meaning of Section 48) ofthe FLSA, 29 USC § 20369X0).(case 1:23-cv.00084-JPB. Document 1 Filed 06/15/23 Page 10 of 24 PagelD #: 10 33, Defendant Wetzel isan “employer” within the meaning of Section 3(d) ofthe PLSA.and Section I(e) ofthe WV Standards, 9 U.S.C. § 203d) and W. Va. Code § SCN) \Wetzel's principal ofice and ploe of business is loated at 3 E Benjamin Dr, New Martnsile, WV 26155, whichis located in Wetzel County, West Virginia, 3A. Defendant Whostng Hospital, ne. (“Wheeling”) i an affiliate of WVUHS and a health eae provider operating hospitals lines and assorted facilities in West Vigna and an “enterprise engaged in commerce” within the meaning of Section 3) ofthe FLSA. 29 USC § 2034540. 35, Defendant Whesing i an “employer” within the meaning of Section 34) of the FLSA and Section 1(@ ofthe WV Standards. 29 U.S.C. §203(d) and W. Va, Code §21-5C-1¢). \Whesting’s principal aie and place of business is located at 1 Medical Park Rd, Wheetng, WV 26003, which isin Ohio County, West Virginia. 36. Defendant WVUHS Home Care, LLC. (“Home Care") isan affiliate of WWUHS, and a health cate provider operating home health and hospice services in West Virgina and is an “enterprise engaged in commerce” within the meaning of Section (3) ofthe LSA.29 USC § 2034940, 37. Defendant Home Care is an “employer” within the meaning of Section 3) ofthe FLSA and Section (eof the WV Standards. 29 USC. §203() and W. Vo, Coe §21-5C-1¢), Home Cate’sprinepal office and place of business is located at 2673 Davisson Run Rd, Clarksburg, WY. 38, Defendant Allied Health Services, In. (“Allied Services" is an affiiat of |WYUHS and a heath care support services provider operating linen and other suppor servicesCase 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 11 of 24 PagelD #: 11 in West Vtginia and isan “enterprise engaged in commerce” within the meaning of Section 3s) of the FLSA. 29 USC § 203(8)(1) 39, Defendant Allied Services is an “employee” within the meaning of Seetion 3(4) of the FLSA and Section I(e) ofthe WV Standards. 29 US.C. § 203(4) and W. Va. Code § 21-5C> 1(@)- Allied Services’ principal office and place of business is located at 2100 Rail St. “Morgantown, WY 26501 40. Defendant West Virginia University Hospitals East, Ine. (*WWUHL-East i an afiite of WVUHS and a heath care prover operating hospitals, clinis and assorted faites ‘in West Virgin and an “enterprise engaged in commerce” within the meaning of Section 3(8) oF the FLSA. 29 USC § 203154). 41, Defendant WVUH-Eastisan “employee” within the meaning of Seetion 34) of the FLSA and Section I(¢) ofthe WY Standards, 29 U.S.C. § 203(6) and W. Va, Code § 21-SC- 1(@). WVUFI-Ees' principal office and place of busines is located at 2500 Hospital Dr 8th Floor, Martinsburg, WW 25401. 42, Defendant Camden-Clrk Health Serves, Ine (*Camden-Clak) i an afte ‘of WVUHS and health care provider operating hospitals, clinics and assorted facilites in West Virgni dan “enterprise engaged in commerce" within the meaning of Section 33) ofthe FLSA. 29 USC § 20346), 43. Defendant Camden-Clark is an “employee” within the meaning of Section (6) of the FLSA and Sesion I(e) ofthe WV Standards. 29 USC. §203(d) and W. Va, Code §21-5C- 1(¢). Camden-Clat’s principal fice and place of busines is located at 800 Garfield Ave, Parkersburg, WV 26101(Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 12 of 24 PagelD #: 12, 44, Defendant United Summit Center, Inc. (*United Summit" isan affiiate of WVUHS and a heath cae provider operating behavioral health and assorted facilities in West Virginia and an “enterprise engaged in commerce” within the meaning of Section (8) ofthe FLSA. 29 USC § 203(5)). 45, Defendant United Summits an “employee” within the meaning of Section 3(8) of the FLSA and Section 1(e) ofthe WY Standards. 29 U.S.C § 203(4) and W. Va. Code § 21-SC- 16). United Summit's principal office and place of business is located at 1238 Suncrest Towne Center, Morgantown, WY 26505, 46. Defendant United Physicians Care, Inc. (United Physicians”) isan affiliate of |WYUHS and a health care provider operating health lines and assorted facilities in West, Virginia and an “enterprise engaged in commerce” within the meaning of Section 3s) of the FLSA. 29 USC § 203(5)(1) 47, Defendant United Physician is an “employer” within the meaning of Section (4) ofthe FLSA and Section (e) ofthe WV Standards, 29 U.S.C. §203(6) and W. Va, Code §21- '5C-I(¢). United Summit’ principal office and place of business is located at 686 S. Pike Street A, Shinnston, WV 26431 48, Defendant Caméen-Clark Physician Corp, (Camden Physicians”) i an afiiate of WWUHS and a health care provider operating health clinics and assorted facilites in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 3() of the FLSA. 29 USC § 203(6)1). 49, Defendant Camden Physicians is an“ player” within the meaning of Section 3(6) ofthe FLSA and Section (¢) of the WY Standards. 29 U.S.C. § 203(d) and W. Va. Code §Case 1:23-cv-00084-JPB Document Filed 06/15/23 Page 13 of 24 PagelD #: 13, 21-5C-(). Camden Physicians principal office and place of busines is located at 1601 Garfield Avenue, Parkersburg, WW 2610. 50. Defendant Faye Physician Network, Ine. (Fayette Physicians" isan ailinte ‘of WVUHS and a health care provider operating heath lines and assorted facilities in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 33) ofthe FLSA. 29 USC § 2036), 51. Defendant Fayete Physicians isan “employer” within the meaning of Section 4G) ofthe FLSA and Sesion I(e) ofthe WV Standard. 29 U.S.C. § 203(4) and W. Va. Code § 21-5C-1(e), Fayette Physicians principal office and place of busines sleated at 1238 Suncrest “Towne Cente, Moreantown, WV 2650 52. Defendant Thomas Health System, Inc. (“Thomas Health) is an affiliate of |WVUHS anda health cae provider operating hospitals, clinics and assorted facilities in West Virginia and en “enterprise engnged in commerce” within the meaning of Section 3) ofthe FLSA, 29 USC § 2035). 53. Defendant Thomas Heath is an “employer” within the meaning of Section 3) of the FLSA and Section I(e ofthe WV Standards. 29 U.S.C. § 203() and W. Va, Code § 21-5C- 1(@). Thomas Health's prnepal oie and place of business is located a 4605 MaeCorkle Ave SSW South Charleston, WV 25309, 54 Defendant Princston Community Hospital Ass, Ine (“Princeton”) i an afiiate of WUHS anda heath ete provider operating hospitals, lines and assorted facilities in West Virginia and an “enterprise engaged in commerce” within the meaning of Section 3(8) ofthe FLSA. 29 USC § 20346).Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 14 of 24 PagelD #: 14 55, Defendant Princeton isan “employer” within the meaning of Section 3() of the FLSA and Sesion 1() ofthe WV Standards 29 U.S.C. § 2084 and W. Va Code § 21-5C-I¢) Princeton's principal office and place of busines is located at 118 12" St, Princeton WW 24740, 56. Defendant Barnesville Hospital Association, Ine. (Barnesville) san aiiate of \WVUHS anda health care provider operating hospitals, clini and assorted faites in Ohio aun an enterprise engaged in commerce” within the meaning of Section 3() ofthe FLSA. 29 Se §203(6K1) 57. Defendant Bamesville i an “employer” within the meaning of Section 3(8) ofthe FLSA. 29 USC. §203(). Barnesville’ principal fice and place of business is lcated a 639 ‘West Main Steet, Barnesville, OH 43713, 58. Defendant Uniontown Hospital Ine. “Uniontown” isan afiite of WVUHS anda health care provider operating hospital, clinics and assorted faites in Pennsylvania and sn “entezpise engage in commerce" within the meaning of Section Hs) ofthe FLSA. 29 USC § 2039). 59. Defendant Uniontown is an “employer” within the meaning of Section 38) ofthe FLSA. 29 US.C. §203(¢), Uniontown's principal fice and place of business is lcated at 500, \W Berkeley St Uniontown, PA 15401 60, Defendant Harrison Community Hospital, Ine. (“Harrison”) is an affiliate of in Ohio WYUHS and a health care provider operating hospitals clinies and assorted faci and an “enterprise engaged in commerce" within the meaning of Section (5) ofthe FLSA. 29 USC § 203(4K).Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 15 of 24 PagelD #: 15 G61. Defendant Hartson is an “employer” within the meaning of Section 3) ofthe FLSA.29 USC. §203(4), Hasson principal office and place of busines is located at 951 E Market Stet, Cadi, OH 43907 62, Defendant Wheeling Ambulatory Sugery Center, LLC. (“Wheeling Ambulatory) isan affiliate of WVUHS anda health care provider opertng sugeal centers eines and sorted fii n Ohio and an “enterprise engaged in commerce” within the meaning of| Section (6 ofthe FLSA. 29 USC § 205.1. 163, Defendant Wheeling Ambulatory is an “employer” within the meaning of Seetion 46) ofthe FLSA. 29 US.C. §203(4). Wheeling Ambulatorys principal fice and pace of busines is located at 68 State Rose 7, Bridgeport, OH 43912. 64, Defendant Garrett County Mem Hospital, nc, (*Garret") isan alate of WVU and a health care provider operating hospitals, elnies and assorted facilites in “Mayland and an “enterprise engaged in commerce" within the meaning of Section 3s) ofthe PLSA. 29 USC § 20343). 65. Defendant isan “employer” within the meaning of Seetion (2) ofthe FLSA. 29, ss located at 25 North 4th Steet USC. §205(@. Garet’s principal office and place afb Okan, Maryland 21550. Plaintfs and Similarly Situated Emplow 66, Plans are identified in the caption ofthe Complain and have given thelr writen consent to be party’ plan in this ation pursuant to 29 U.S.C. §216(b)- Such writen cansens are appended hereto in Appendix B. These writen consent forms se forth each Plaintiff's name and address, Ian addtional sinilary situated employee wishes to become a party pln his or her consent wil be filed with his Cour. IsCase 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 16 of 24 PagelD #: 16 67. Bach ofthe Pains in this ation, and similarly stated employees, while employed by one or mare Defendants hasbeen an employee" within the meaning a he Fair Labor Standards Act ("FLSA"), 29 U.S.C Section 203(e)(1) andthe West Viginia's Minimum Wage and Maximum Hour Standard (*WY Standaeds), W. Va. Cade §21-5C-1(0, (68. Each ofthe Plinth and simily stated employees i 8 non-exempt employee cnitled under Section 7() ofthe FLSA andor the WV Standards to overtime equal to time and one-half thee regular ate of pay forall hours worked over forty (40) ina workweek. 29US.C. § 207(a) and W, Va. Code §21-5C-3(). 69, Plaintiff Dominique Heard is and has at I kimes material o this action been employed by WVUH, Inc. nd WVUHS as «househeaping assistant at West Virginia University Hospital in Morgantown, West Virginia. 70. Plant Amanda Luzader i and has atl times material this ation been employed by WVUH, Ine. and WVUHS as a laboratory assistant at West Virginia University Hospital in Morgantown, West Virginia, 71, Plants Kenneth Miklch i and has at al ies material o this ation been «employed by WVUH, Ine. nd WVUHS as an Environmental Services Team Lead at West Virginia Univesity Hospital in Morgantown, West Virgina, JURISDICTION AND VENUE, 72. This Court has jursdition over this action pursuant to 28 U.S.C. § 1331, 28 USC. § 1337, 28 U.S.C. § 1367, 29 USC. §216(6). 73. Venue is proper inthis district pursuant fo 28 U.S.C. § 1391Case 1:23-cv-00064.JPB Document 1 Filed 06/15/23 Page 17 of 24 PagelD #: 17, Facts 74, Atall times material herein, Plaintifs and similarly situated employees have been ‘emplayed by Defendant 75. Plaintiffs and simiaey situated employees are provided, in addition to their hourly wage at, certain ther types of remuneration, including but not limited to: Longevity Pay; Pull Pay; Resource Pool Pay; Lump Sum Bonus Payments; Sterile Processing Pay; Critical Sta BE ‘Shit Bonuses; Retention Bonuses; Reeritment and Referral Bonuses; Signing and Sign-on Bonuses; and payments made via the EVS/Nutriion Incentive Program. 76, The regular rte isthe hourly rte actully pid oan employee forthe normal, non-overime workweek for which he or she is employed and must reflect all payments whieh the parties have agred shall be received regularly during the workweok, exclusive of payments excluded by Section (e\(1)(8) ofthe FLSA, 29 US.C. § 207(e\(-8). The West Virginia ‘Standards provide similar exclusions at Setion 3(0KI-7) W. Va, Code § 21-5C-3(6)(-7) ‘77, Inadton othe hourly rate paid tothe employce, the regular rate used forthe ‘purpose of calculating the amount of overtime due and owing to Plainifs and similarly situated employees must also include remuneration, including bt not limited o: Longevity Pay; Pol Pay; Resource Pool Pay; Lump Sum Bonus Payments; Sterile Processing Pay; Cet! Staffing Extra Shift Bonuses; Retention Bonuses: Recruitment and Referal Bonuses; Signing and Sign- «on Bonuses; and payments made via the EVS/Nuttion Incentive Program, none of which are cxcludale from the regular eats by Section 7(e-8) ofthe FLSA 29 U.S.C § 207(K1-8) Seetion 3(6)(1-7) of the WY Standards. W. Va, Code § 21-5C-3(6\1-1), 78. Defendants do not include all remuneration including but not limited to Longevity Pay; Pull Pay; Resource Pool Pay; Lump Sum Bonus Payments; Serle Processing 7Case 1:23-cv-00064-JP8 Document 1 Filed 06/15/23 Page 18 of 24 PagelD #: 18 Pay; Critieal Stating Extea Shi Bonuses; Retention Bonuses; Reetuitment and Referral ‘Bonuses; Signing and Sign-on Bonuses; and payments made via the EVS/Nuttion Incentive Program ~in the regula i used forthe purpose of caleulatng the amount of evertime duc and ‘owing tal Plants and similarly situated employees, including those covered non-exempt employees entitled to overtime as provided by Section 207) ofthe FLSA and Section 3@) of the WY Standads COUNT 1- VIOLATION OF SECTION 207(a) ofthe FLSA 79, Plintil ceallge and incorporate the allegations st forth in parageaphs | through 18 80, Covered non-exempt Plaintiffs and similarly ated employees have worked in ‘excess oF 40 hours in a workweck in the Ins three years. 81, During the times that covered non-exempt Plants and similarly situated employees have worked in exces of 40 hours in a workweek, each Defendant hs fied 19 provide covered non-exempt Plants and similarly situated employees in its employ with the Fighs and protections provided under the FLSA, including overtime pay a the rate of one and ‘one-half times thee regular ates of pay foal hours the covered non-exempt Plants and similarly situated employees have worked in excess ofthe hourly standards set forth under 29 USC. § 2070), 82, By failing to pay covered non-exempt Plinifs and other employees simi ly situated the overtime pay required under the lav, each Defendant has violated and is continuing 1o violate the provisions ofthe FLSA in a manner that is unreasonable, wilful and in bad faith, For example, each Defendant has failed to take reasonable steps to ensure all remuneration wasCase 1:23-cv-00084.JPB Document 1 Filed 06/15/23 Page 19 of 24 PagelD #: 19 accounted for in its ealelations ofits employees" regu rate of pay. As a result, at al times ‘material herein, the Plaintiffs and similarly situated employees have been untawfully deprived of ‘overtime compensation and other rele for the maximum period allowed under the law. 83, Asa result ofthe Defendants willful, unreasonable and bad faith violations ofthe LSA, these have become die and owing athe covered non-exempt Pini nd similarly situated employees an amount ht as not yet ben precisely determined. The emplayment and _work record far he covered non-exempt Pints ad similarly situated employees (including time and atendance record) af in the exclsive posession, custody and contol of each Defendant and the Plaintifsare unable to state at this time the exact amount owing to them Defendants are under «duty imposed under the FLSA, 29 U'S.C. §211(9), and various other statutory and regulatory provision to maintain and preserve payroll and other employment records with respect tothe eovered non-exempt Paints and other employees similarly situated fiom which the amount ofeach Defendant’ liability ean be ascertained. 84, Pursuant to 29 US.C. § 216(b), the covered non-exempt Plaintiffs and si y situated employees are entitled to recover liquidated damages in an amount equa o het back pay damages forthe Defendants failure to pay overtime compensation. 85. Covered non-exempt Plinifs are ented a recover atormeysfes and oss under 29 US. §216(0) 86, Covered non-exempt Plait and similarly situated employees comprise a collective for purposes ofa ollective action under the FLSA Section 216(), which collective is define sal plait who have submited consents inthis ease together with all covered and ronexemp current and former emplayees of defendants who in the last heee years worked in 19Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 20 of 24 PagelD #: 20, excess of forty (40) hours in a workweek and were denied overtime compensation a a rate of ‘one-and-one-half times ther regular rate of pay as required by the FLSA (hereafter “Proposed Collective") 87, The Proposed Collective is readily ascertainable from payroll recon maintained and kept by WVUHS andior the other defendant, 188, All members of the Proposed Collective are and were at all times material to this action subject to the same pay policies and processes maintained by WVUHS andlor the other defendants 89, All members ofthe Proposed Collective have in the las three years worked in excess of 40 hours ina workweek for one or more defendants and was denied the rights and 7 protections provided under the FLSA, including overtime pay atthe rte of one and one- times their regular es of pay for all hours worked in excess ofthe hourly standards st forth in the FLSA, 90, Upon information and belie, the Proposed Collective consists of over 10,000 individuals, and therefore joiner of all members i impracticable. jolation ofthe Fair Labor Standards 91. The party plaints" claims of detendan ‘Actare common to all members of the Proposed Collective and thei resolution wi involve common issues of law and fact. In addition, separate adjudications will create a risk of decisions that are inconsistent with other Proposed Collective members claims, 92, The undersigned attorneys are experienced in the litigation of wage and hour favsuits and will ly and adequately protect the interests ofthe Proposed Collective, 20Case 1:23-cv-00064.JPB Document 1 Filed 06/15/23 Page 21 of 24 PagelD #: 21 COUNT Il VIOLATION OF SECTION 3(6) OF THE WV STANDARDS 93. Plaintifsreallege and incorporate the allegations set forth in paragraphs I through 92 94, uring the times that covered non-exempt Plants and similarly situated «employees curently of formerly employed in the State of West Virginia have worked in excess ‘of 40 hours in a workweek, each Defendant has failed to provide covered n exempt Paints nd siilly stated employees in its employ wih the rights and protections provided under the \WV Standards, including overtime pay a the rate of one and one-half times thet regular ates of pay forall hours the covered non-exempt Plans and similarly situated employees have worked in excess ofthe hourly standards set forth under Section 3 of the West Virginia Standards. W, Va, Code § 21-5C-3(). 95. By failing to pay covered non exempt Pintilfs and aly stated employove curretly o formerly employed in the State of West Virginia the overtime pay required under the Jaw, each Defendant has violated and is continuing to violate the provisions ofthe WV Standards. Asa result al times material herein, the Plants have been unlawfully deprived ‘of overtime compensation and othe elie forthe maximum period allowed under the law. 96, Asa result ofthe Defendants violations ofthe West Virginia Standards, there have become due and owing to the covered non-exempt Plait nd siily situated employees curetl o formerly employed in the State of West Virginia an amount tat has not yet ben precisely determined, The employment and work records fr the covered non-exempt Plains (including time and atendance records) ae in the exclusive possession, custody and conto ofthe Defendants and the plans are unable to stata his tme the exact amount owing to them, Defendants are under a duty imposed under the West Vigna Standard, W. Va aCase 1:23-cv-00084.JPB Document 1 Filed 06/15/23 Page 22 of 24 PagelD #: 22, Code § 21-SC-5, and various other statutory and regulatory provisions, to maintain and preserve payroll and other employment records with rexpect to the covered non-exempt Plaintiffs and other employees similarly situated from which the amount of Defendants lability ean be ascertained. 97, Covered non-exempt Plaintiffs and similarly situated employees currently or Formerly employed inthe State of West Virginia comprise a cass for purposes of FRCP 23, ‘which class is defined as all plaintiffs who have submitted consents inthis ease together with all covered and nonexempt curren and former employees of defendants who in the last three years ‘worked in West Viegniain excess of forty (40) hours in a workweek and were denied overtime ‘compensation ta rate of one-and-one-half times thet regula ate of pay as required by the WV Standards (hereater roposed Clas") 98. ‘The Proposed Class readily ascertainable from payroll ecords maintained and kept by WVUHS andlor the other defendants 99. All members ofthe Proposed Class are and were a al imes material this action subject othe same pay policies and processes maintained by WVUHS and/or the other defendants, 100, Al members ofthe Proposed Class have in the last thee years worked in excess ‘of 40 hours ina woreweck fr one or more defendants and was denied the rights and protections provided under the WV Standards, inluding ovetime pay atthe rate of one ad one-half times thei regular rates of pay forall hours worked in exess ofthe hourly standards set fort inthe WY Standards 2‘Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 23 of 24 PagelD #: 23 101, Upon information and belief, the Proposed Class consists of over 10,000 individuals, and therefore joinder of all members i impracticable 102, The party plantifs" claims of defendants’ violation ofthe West Virginia Standards are common to all members of the Proposed Class and their resolution will nvelve common issues of law and fact. Inston, separate adjudications will create a rsk of decisions that are inconsistent with other Proposed Class members claims. 103. The undersigned attorneys are experienced inthe litigation of wage and hour lawsuits and wil fairly and adequately protect the interests ofthe Proposed Class. DEMAND FOR AJURY TRIAL, Pursuant to Rule 38 ofthe Federal Rules of Civil Procedure and applicable law; all, Plains hereby demand that their claims be tried before a jury. PRAYER FOR RELIEF WHEREFORE, al Plaintils, on thei own behalf and on behalf of others similarly situated, pay tha his Cour: (@) Enter judgment declaring that each Defendant have wilfully and wrongfully violated its statutory obligations under federal lw and deprived each ofthe Plans and similarly situated employees in its employ of hisher rights (&) Osdera complete and accurate accounting ofl the compensation to which the Plinif an similay situated employees are entitled (©) Avard Paints and similarly situated employees compensatory rele inthe fem of liquidated damages equal to their unpaid compensation as provided for bythe FLSA: (4) Avward Plaintfs and similarly situated employees interest on their unpaid compensation; 2(Case 1:23-cv-00064-JPB Document 1 Filed 06/15/23 Page 24 of 24 PagelD #: 24 (6) Award Plait their reasonable attorneys fees to be paid by the Defendants, and the costs and disbursements ofthis ation, as provided for by the FLSA; and (9, Grant such other relief as may be just and proper. Respectilly submited, ‘Arthur R. Traynor? ‘Samuel B, Petsonk, WN. Bar No. 2-418 Lauren MeDermott* Petsonk PLLC “Mooney, Green, Saindon, 235 High Street, Ste $12, Murphy & Welch, PC. Morgantown, WV 26505 1920 L Street, NW, Suite 400 G04) 712-9858 ‘Washington, DC 20036 saundapetsonicom (202) 783-0010 seaynorZ@moonevereen.com Ingdermotv@moongyereen cor * Pro Ho Vie admission pending Counsel fr the Plain and Similarly Situated 24