Staffer alleges medical practice failed to pay overtime rate

By Carol Ostrow | Aug 13, 2015

A Narberth woman is suing a health practice, alleging breach of federal and state employment law in a payment classification dispute.

Diane Burdo filed a lawsuit July 27 against Reconstructive Orthopaedic Associates II in U.S. District Court for the Eastern District of Pennsylvania, alleging evasion of overtime regulations during her employment beginning in January 2011.

According to the complaint, Burdo was hired in January 2011 and paid a weekly salary. The suit states she regularly worked more than 40 hours per week as a surgery scheduler for the defendant without being compensated at one and one-half times her regular rate for overtime hours.

The suit alleges Reconstructive Orthopaedic was out of compliance with both the FLSA and the PHRA by unlawfully and willfully classifying her as “exempt." Burdo says she put in the extra hours at her employer’s request and routinely worked evenings and weekends to get all her assigned tasks done.

Burdo seeks to preserve evidence such as paper and electronic data to support her lawsuit, as well as liquidated damages including back pay, pre- and post-judgment interest, attorney fees and court costs. She is represented by attorneys Michael P. Murphy Jr. and Michael Groh of the Murphy Law Group in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania 2:15-cv-04117-PD.

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