In the case of Armani v. Maxim Healthcare Services, Inc., Gianni Armani filed a lawsuit against Maxim Healthcare Services (Maxim) for unpaid overtime compensation. Armani was a certified nursing assistant (CNA) employed under Maxim, a company that provided nursing and health-related services to injured, disabled, and other persons in need of care.
During his employment, Armani was regularly working more than 40 hours per week. However, Maxim only compensated him for the regular hours worked and did not provide overtime wages.
Maxim argued that Armani was an exempt employee under the FLSA, which states that “domestic service employees” were not entitled to overtime pay. Maxim claimed Armani was a domestic service employee because he provided personal care services to the clients, such as bathing, dressing, and general upkeep.
The court disagreed with Maxim’s arguments as it was found that Armani was not an exempt employee as he was not employed directly by the clients he was servicing but was employed by Maxim which was a for-profit staffing company.
Ultimately, the court awarded Armani all the overtime back wages he was owed, plus interest as well as attorney’s fees for the lawsuit filed.
Key lessons from this case:
- Colorado courts will interpret the definition of “domestic service employee” in a way that is consistent with the purpose of the FLSA, which is to prevent workers from exploitation.
- CNAs who work for for-profit staffing companies are not exempt from overtime pay.
- Employees who work for staffing agencies may still be eligible for overtime pay, even if they provide personal care services.
If you want to know more about overtime regulations, read our guide on Colorado Overtime Laws.
