A former security guard at New York-Presbyterian Hospital has filed a class and collective action against the hospital claiming that it violated the Fair Labor Standards Act (FLSA) and New York Labor Law by not paying security guards for overtime hours worked.  In Mark vs. the New York and Presbyterian Hospital, the plaintiff alleges that he and other hospital security guards were routinely required to work more than ten hours per day and 40 hours per week to complete their assigned tasks, but were not paid overtime at one-and-a-half times their regular rate of pay. In addition, the plaintiff asserts, the hospital did not keep adequate time records and therefore the security guards may be allowed to use their own testimony and records to establish the hours they worked.

A previous class action by security guards against another hospital— in which the guards claimed that their activities during meal periods were so restricted that, in essence, they were actually working during unpaid meal periods—resulted in summary judgment for the hospital. Nevertheless, these types of cases serve as a reminder that hospitals may be just as vulnerable as other employers to costly wage and hour class action litigation by all types of employees – not just those involved in patient care.

Photo credit: DRosenbach