IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARILYN FRANKLIN, JENNIFER BIERIE, AND ALL OTHERS SIMILARLY SITUATED UNDER 29 U.S.C. § 216(B), Plaintiffs, v.
Civil Action No. 3:15-cv-3194
HCA MANAGEMENT SERVICES, L.P. AND COLUMBIA MEDICAL CENTER OF LAS COLINAS,
JURY TRIAL DEMANDED
PLAINTIFFS’ ORIGINAL COMPLAINT Plaintiffs Marilyn Franklin and Jennifer Bierie individually and on behalf of all others similarly situated file this Original Complaint and in support state the following: I. 1.
The Fair Labor Standards Act does not require employers to pay for totally
uninterrupted meal breaks. Defendants, however, illegally failed to pay their direct patient care employees for meal breaks because they instituted policies, practices, and procedures that created continuous interruptions during Plaintiffs and the Class Members’ meal breaks or failed to relieve them from duty during their meal breaks. Despite instituting these policies that caused continuous interruptions, Defendants refused to compensate their direct employees with overtime compensation for working during these compensable meal breaks when Plaintiffs and the Class Members worked in excess of 40 hours in a week. Defendants’ actions in failing to pay Plaintiffs and the Class Members overtime pay for these interrupted meal breaks constituted a willful violation of the FLSA.
PLAINTIFFS’ ORIGINAL COMPLAINT
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