PHILADELPHIA, September 25, 2017: Morgan Lewis recently secured an important victory for Maxim Healthcare Services, Inc. (“Maxim”) in Gordon v. Maxim, a putative class action pending before the US District Court for the Eastern District of Pennsylvania.
The plaintiff, a home health aide, brought statewide class and collective action claims under the Pennsylvania Wage Payment and Collection Law (PWPCL) and the federal Fair Labor Standards Act (FLSA), alleging that Maxim violated the statutes by failing to pay wages timely for all hours worked. Following extensive briefing, the court denied the plaintiff's motion for class certification of claims under the PWPCL, granted Maxim's motion to decertify a collective action class under the FLSA, and granted Maxim's motion for summary judgment on the named plaintiff’s FLSA claim. The practical effect of the court’s rulings was to reduce Maxim’s potential monetary exposure by millions of dollars.
The Morgan Lewis team was led by partner Sarah Bouchard and partner-elect Lincoln Bisbee, with assistance from associate Dave Larson.