Mississippi Behavioral Health Services

If you worked for Mississippi Behavioral Health Services at any time during the past approximately 49 months and 1 week , were paid based on billable hours worked on client contact only, worked more than 40 hours in a workweek, and did not receive compensation at the rate of time and one-half for all hours worked over 40, you may be eligible to join this case to recover back wages and liquidated damages. Examples of the positions that were paid under this scheme include Mental Health Therapists, Community Support Specialists, and Peer Support Specialists.

To request to join this federal case, you must fill out and sign a Consent to Sue form (click here) and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail.

The Consent to Sue form may be submitted electronically online through this website (click here). We will file it with the Court on your behalf.

About This Case

This case is brought by two former employees of Defendant Mississippi Behavioral Health Services, LLC. (MBHS). The lawsuit alleges that MBHS  violated the federal Fair Labor Standards Act (“FLSA”) by failing to pay Named Plaintiffs, other Mental Health Therapists and Community Support Specialists, and other employees overtime wages. We filed this case in the United States District Court for the Southern District of Mississippi, Northern Division. MBHS  paid Mental Health Therapists, Community Support Specialists, and others based on billable hours worked on client contact, and MBHS  made deductions to pay if the Mental Health Therapists, Community Support Specialists, or other employees did not meet certain criteria. As a result, MBHS  failed to pay overtime wages for hours worked over forty in a workweek. This case seeks to compel MBHS to pay Named Plaintiffs, other Mental Health Therapists and Community Support Specialists, and other similarly situated employees the unpaid wages, and an additional and equal amount as liquidated damages. Click here to read the complaint that has been filed with Court.

Getman, Sweeney & Dunn, PLLC, is representing plaintiffs along with local counsel Christopher Espy of Espy Law, PLLC.

Answers to Common Questions

Which employees can be part of this lawsuit?

All current or former workers employed by Mississippi Behavioral Health Services, LLC, at any time during the past approximately 49 months and 1 week,  were paid based on “billable hours” worked on client contact only, worked more than 40 hours in a workweek, and did not receive compensation at the rate of time and one-half for all hours worked over 40 in a workweek can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC. Positions within the class include Mental Health Therapists, Community Support Specialists, and Peer Support Specialists. If you have any questions about whether you are eligible to join this lawsuit, please email ebates@getmansweeney.com.

What claims are covered in this case?

The lawsuit covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed are that MBHS failed to pay their employees proper overtime.

What damages are sought?

Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.

How far back can claims be made?

Generally, under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed with the Court. This two- or three-year period is called the “statute of limitations.” In this case, MBHS agreed to stop the statute of limitation from running for about one year. Thus, if you worked for MBHS at any time during the past approximately four years, you may be entitled to make claims. MBHS will be entitled to argue that its violations were not willful and that its claims should be limited to only a two-year period plus that additional one year preceding the filing of your Consent to Sue. If you have any questions about whether you are still entitled to make claims against MBHS, please email ebates@getmansweeney.com.

How do I join the case?

To bring claims under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, you must affirmatively join the case.

You can request to join this case by completing a Consent to Sue Form (click here) and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail.

The Consent to Sue form may be submitted electronically online through this website (click here).

You need the free Acrobat Reader installed to view the form.

Can I wait to file my Consent to Sue form?

You are not part of the FLSA case until your Consent to Sue Form is filed. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the statute of limitations.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA, if Plaintiffs recover back wages, MBHS must pay the Plaintiffs’ costs and attorneys’ fees.

Can Mississippi Behavioral Health Services, LLC fire me or take action against me for joining the case?

The law prohibits retaliation for joining an overtime lawsuit or talking to other co-workers about joining the case. If any employee suffers retaliation, MBHS would be liable for additional monetary damages and may suffer criminal penalties. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurred. Retaliation is extremely rare in overtime cases because an employer can suffer such serious penalties.