Mississippi Behavioral Health Services
If you worked for Mississippi Behavioral Health Services at any time from December 2, 2019, to the present, were paid based on billable hours worked, 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 and Community Support Specialists.
About This Case
This case is brought by two former employees of Defendant Mississippi Behavioral Health Services, LLC. The lawsuit alleges that Defendant 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. Defendant paid Mental Health Therapists, Community Support Specialists, and others based on billable hours, and Defendant made deductions to pay if the Mental Health Therapists, Community Support Specialists, or other employees did not meet certain criteria. As a result, Defendant failed to pay overtime wages for hours worked over forty in a workweek. This case seeks to compel Defendant 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 from December 2019 to the present, were paid based on “billable hours” worked, 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 and Community Support Specialists.
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.” 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 preceding the filing of your Consent to Sue.
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.
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. 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.
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.