Wesleyan Village employees file federal lawsuit over wages, overtime

Employees of Wesleyan Village in Elyria have filed a lawsuit against their employer alleging violations of federal labor and wage laws. According to the suit — filed on behalf of state-tested nursing assistant Amanda Arroyo and her co-workers by the law firm Tittle & Perlmuter in U.S. District Court on April 21 — Wesleyan Village, its management companies Life Care Services and Northwood Health Group "improperly calculated the employees' wages for the purpose of determining overtime pay, and did not pay employees in a timely manner," violating the Fair Labor Standards Act. Arroyo was hired in March 2016, and "took on the vital task of caring for vulnerable senior citizens, and often worked very long hours for relatively low wage," according to the law firm. Wesleyan Village also allegedly "knowingly cut corners to avoid fairly compensating" Arroyo and her co-workers, according to the lawsuit, showing "reckless disregard" for federal and state laws regarding fair labor standards and pay. Tittle & Perlmuter called the allegations "especially troubling in this era of the COVID-19 crisis." The facility on West Avenue includes a 99-bed skilled nursing facility and has more than 300 residents in assisted living. Wesleyan Village Executive Director Steve Wolf told the Chronicle-Telegram for an April 23 story that four residents and two staff members had tested positive for the coronavirus. Residents who tested positive were isolated and quarantined in a "COVID unit" for 14 days and staff members were provided protective equipment to provide care to those residents, he said. A message seeking comment on the lawsuit was left for Wolf on Thursday. "The brave health care workers who are putting their lives on the line to help others during this time of national emergency deserve to be paid every penny that they have earned," Tittle & Perlmuter said in an announcement of the lawsuit. "Tittle & Perlmuter will hold wrongdoing employers accountable for violating the Fair Labor Standards Act, the Ohio Constitution, and Ohio's Minimum Fair Wage Standards Act," said Scott Perlmuter, an attorney with the firm. "We believe Wesleyan Village and its management companies knowingly violated numerous laws. We are asking them to make things right by paying all wages owed to these hardworking health care employees." A federal magistrate has yet to set any hearing dates, according to federal court records. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter.