PITTSBURGH – A nursing home employee alleges that the managing companies of the facility have engaged in false advertising and categorical underpayment of their “Weekend Warrior”-level staff.
Rochelle Spratley of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Sept. 15 versus Quest Healthcare Development, Inc. and William Penn Health Care Associates, LP, both of Jeannette.
“At all times relevant to this matter, defendants operated the William Penn Continuing Care Campus. The campus maintains a nursing home and a senior living facility in addition to providing other nursing services. In order to obtain staff for its facility, defendant created and advertised a program known as ‘Weekend Warriors.’ The defendants advertise: “WE ARE ALSO OFFERING OUR WEEKEND WARRIOR PROGRAM – WORK 2-16 HOUR SHIFTS AND GET PAID FOR 40 HOURS!” the suit says.
“In the spring of 2020, plaintiff applied for a ‘Weekend Warrior’ position and was offered the same by defendants. Defendants offered plaintiff an hourly wage of at least $18 per hour. As set forth above, defendants describe the additional eight hours of pay as ‘Baylor pay equal to four hours per day.’ Thereafter, plaintiff worked two one-hour shifts each weekend and continues to work through the present date, with few exceptions. From the spring of 2020 until the fall of 2021, despite numerous requests, defendants failed to pay plaintiff the additional eight hours as promised under the ‘Weekend Warrior’ program.”
The suit says the plaintiff is informed and therefore avers that she is not the only ‘Weekend Warrior’ to whom defendants have failed to tender ‘Baylor pay.’
“In addition, defendants only paid plaintiff an hourly rate of $16 from the spring of 2020 until January 2022, in spite of entering into a contract with her to pay her wages of at least $18. In the fall of 2021, defendants began paying plaintiff ‘Baylor pay.’ However, the rate of ‘Baylor pay’ defendants paid plaintiff was typically in the amount of $125, which is less than eight hours of the hourly rate of $16/hour defendants paid to plaintiff. Moreover, defendants have refused to compensate plaintiff at the rate of $18 in spite of entering into a contract with plaintiff for the same,” the suit states.
“In or around January 2022, defendants increased plaintiff’s hourly rate to $18.50/hour for her work as a ‘Weekend Warrior.’ However, defendants only paid plaintiff ‘Baylor pay’ in the amount of $135. Plaintiff’s ‘Baylor pay’ should have been $148. Plaintiff is informed and therefore avers that defendants pay each ‘Weekend Warrior’ of her experience and skill level ‘Baylor pay’ of $135, which is less than their promised rate of pay. Plaintiff believes and therefore avers that defendants have engaged in a widespread practice of underpaying their ‘Weekend Warriors’ in violation of their contracts and in violation of Pennsylvania law.”
For counts of violating the Wage Payment Collection Law, breach of employment contract and unjust enrichment, the plaintiff is seeking all wages due under the WPCL, equitable relief and damages in excess of $50,000, plus attorney’s fees, interest and costs.
The plaintiff is represented by David M. Kobylinski and Peter T. Kobylinski of Praetorian Law Group, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-011528
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com