United States District Court, W.D. Tennessee, Eastern Division
DALE DAWSON on behalf of himself and all other similarly situated employees, Plaintiffs,
EMERGENCY MEDICAL CARE FACILITIES, P.C., Defendant.
REPORT AND RECOMMENDATION
EDWARD G. BRYANT, Magistrate Judge.
On referral to the Magistrate Judge for determination or report and recommendation is Plaintiff's Motion to Certify Class [D.E. 9] which seeks to conditionally certify this lawsuit as a collective action for overtime violations under the Fair Labor Standards Act ("FLSA"). The Defendant opposes conditional certification.
Defendant Emergency Medical Care Facilities, P.C., with its principal place of business in Jackson, Tennessee, employs Nurse Practitioners and Physician's Assistants, including at one time, Plaintiff Dale Dawson. Plaintiff's Complaint includes allegations of overtime work without receiving compensation for all hours worked by Plaintiff, and also is filed on behalf of the other Physician's Assistants and Nurse Practitioners who are similarly situated.
In support of the Plaintiff's Motion, he has submitted his Declaration executed on June 4, 2014, as follows:
My name is Dale Dawson. I am of majority age and am competent to execute this
Declaration and have personal knowledge of the facts stated herein. I worked as a "physician's assistant" for Emergency Medical Care Facilities, P.C. from approximately January 2001 until approximately April 2013.
I am not a physician. As a physician's assistant, I worked under the supervision of a physician. I did not have admitting privileges at hospitals. The amount of education training required to be a Physician's Assistant is not as lengthy as it is for a physician. There are also other distinctions. These distinctions are true for nurse practitioners as well.
Emergency Medical Care Facilities, P.C. employed numerous "physicians' assistants" and "nurse practitioners" during my employment with the company. During my employment, I was paid $55.00 per hour, plus a bonus based on the amount of patients I served. I did not make a guaranteed salary.
Based on conversations with my previous colleagues and management, I am aware that other Nurse Practitioners and Physicians' Assistants at Emergency Medical Care Facilities, P.C. also we were paid an hourly rate plus the opportunity for a bonus.
We were not paid on a salary basis.
I usually worked over forty (40) hours per week.
Despite the fact that I usually worked over forty (40) hours per week, I was not paid one and one-half my regular rate of pay for hours ...