Resource Corporation of America (RCA)

Case Information:

This is a Fair Labor Standards Act (FLSA) case brought by former Patient Support Representatives (PSRs) and Lien Specialists for RCA.  The lawsuit claims that RCA required that its Lien Specialists work off-the-clock and that both its PSRs and Lien Specialists do work on the weekend without paying them the required overtime rate.

The lawsuit requests lost wages liquidated (double) damages, injunctive relief, and attorneys’ fees.

The document that starts a lawsuit is called a Complaint.  Click here to read the active Complaint in this case.

This case has been resolved and checks have been mailed.  If you have any questions, please contact us at 512-782-0567.

Status Updates

March 26, 2018 – Court Approves Settlement Agreement

On Mach 26, 2018, the Court approved a settlement agreement between Plaintiffs and RCA.  You can read the approval order here.

January 18, 2018 – Plaintiffs File Motion for Partial Summary Judgment on Liability

On January 18, 2018, Plaintiffs filed a motion for partial summary judgment on liability.  In the motion, Plaintiffs argue that RCA’s payment of lump-sums to the class members without regard to the amount of time they worked resulted in the class members being shorted overtime.  In the motion, Plaintiffs ask for a judgment finding that RCA is legally liable for this allegedly improper payment scheme and allowing Plaintiffs to prove the amount of damages at a later date.  You can read the entire motion here.

September 19, 2017 – Court Certifies Class of Lien Specialists

On September 19, 2017, the Court conditionally certified a class of current and former Lien Specialists who worked for RCA during the last three years but were not paid the proper overtime rate for their hours worked over forty in workweek. You can view the order here.  The Court also directed Plaintiffs’ counsel to send all class members a court-approved notice regarding the lawsuit and a consent to join the lawsuit.  Finally, the Court directed RCA to either post the notice and consent form in all locations where currently employed class members work or to distribute the documents through its online payroll system.

These individuals have the right to join the lawsuit regardless of their immigration status.  RCA cannot retaliate against these individuals for joining the lawsuit.  This means they cannot be fired, demoted, or have their pay cut because they participate in the case.

Eligible individuals who would like to participate in the lawsuit must complete the “Consent to Join” by November 24, 2017.

June 19, 2017 – Court Certifies Class of PSRs

On June 19, 2017, the Court conditionally certified a class of current and former PSRs who worked for RCA from April 5, 2014 to the present and who also worked on the weekends but were not paid time-and-one-half their regular rate of pay for all hours worked over forty in a workweek.  You can view the order here.  The Court also directed Plaintiffs’ counsel to send all class members a court-approved notice regarding the lawsuit and a consent to join the lawsuit.  Finally, the Court directed RCA to post the notice and consent form in all locations where currently employed class members work.

These individuals have the right to join the lawsuit regardless of their immigration status.  RCA cannot retaliate against these individuals for joining the lawsuit.  This means they cannot be fired, demoted, or have their pay cut because they participate in the case.

Eligible individuals who would like to participate in the lawsuit must fill out the “Consent to Join” by September 8, 2017.

April 6, 2017 – Complaint Filed

Click here to read the active Complaint in this case.