Quintiliani v. Concentric Healthcare Solutions, LLC

944 F. Supp. 2d 738, 2013 WL 1283753, 2013 U.S. Dist. LEXIS 44686
CourtDistrict Court, D. Arizona
DecidedMarch 28, 2013
DocketNo. CV-10-1363-PHX-SMM
StatusPublished
Cited by4 cases

This text of 944 F. Supp. 2d 738 (Quintiliani v. Concentric Healthcare Solutions, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quintiliani v. Concentric Healthcare Solutions, LLC, 944 F. Supp. 2d 738, 2013 WL 1283753, 2013 U.S. Dist. LEXIS 44686 (D. Ariz. 2013).

Opinion

ORDER

STEPHEN M. McNAMEE, Senior District Judge.

Pending before the Court is Plaintiffs’ motion for partial summary judgment. (Doc. 41.) Under the Fair Labor Standards Act (“FLSA”), Plaintiffs argue that they were entitled to overtime compensation in their positions with Defendants because they were not exempt under either the executive or administrative exemption. (Id.) As a matter of law, Plaintiffs request that the Court grant partial summary judgment finding their positions not exempt, and determining at trial the extent of their monetary damages.

In their response, Defendants have not argued that Plaintiffs’ positions were subject to an executive exemption (Doc. 49), so that contention is waived. See F.D.I.C. v. Garner, 126 F.3d 1138, 1145 (9th Cir.1997) (stating that a litigant who presents no case law or argument in support of a claim is deemed to have waived that argument). Defendants do argue that Plaintiffs performed exempt administrative duties. (Id.) Plaintiffs have replied. (Doc. 52.) After reviewing the briefs, and having determined that oral argument is unnecessary, the Court will grant in part and deny in part Plaintiffs’ motion for partial summary judgment. (Doc. 41.)

BACKGROUND

Defendant Concentric Healthcare Solutions, LLC (“Concentric”) is a healthcare staffing and placement firm specializing in providing temporary or fill-in nursing staff and other healthcare professionals to client hospitals and clinics that have contracted for the service with Concentric. (Doc. 42-2 at 3; Doc. 50 at 1.) Defendant Alarys Home Health, Inc. (“Alarys”) is a Home Health Agency that specializes in providing nurses, nurse assistants, home health aides and therapists to the elderly and disabled in the client’s residence following a referral from a doctor or insurance company. (Id.)

Concentric maintains a database of qualified nursing staff and other healthcare professionals that may be referred to client hospitals and clinics that have contracted with Concentric. (Doc. 42 at 2-5.) In order to be eligible for referral to certain staffing positions, nursing and other healthcare professionals must obtain and maintain certain certifications. (Id.) Correspondingly, Concentric also certifies to regulatory agencies such as the Joint Commission on the Accreditation of Healthcare Organizations (“JCAHO”)1 and the Arizona Hospital and Healthcare Association (“AzHHA”)2 that it is in compliance with their standards and requirements. (Doc. 51-2 at 7-9.)

When a hospital/clinic client identifies that it has a need for a specific type of healthcare professional for a specific shift, the client will coordinate its staffing request through Concentric’s Staffing

[741]*741Coordinator. (Doc. 42-2 at 4, 13.) On occasion, the client will request a specific individual who had previously staffed with the client. (Id. at 13.) The Staffing Coordinator answers and places over a hundred calls each shift related to staffing requests and facilitating placement. (Id. at 14.) After a staffing request is made, the Staffing Coordinator then searches a detailed company database for individuals qualified and available to fill the needed position and shift. (Id. at 13.) Staffing Coordinators may also periodically contact client hospitals/clinies to see if they know of any future staffing needs (Id. at 14.)

At Concentric, the Compliance Coordinator monitors that the nurses, home health aides and medical staff included in the company database possess and are current with all required licenses, certificates and background checks based on a detailed checklist outlining the specific requirements for each position. (Id. at 12.)

Plaintiff Jennifer Quintiliani (“Quintiliani”) was employed by Concentric as a Staffing Coordinator but also performed the same job responsibilities occasionally for Alarys. (Doc. 42-2 at 3; Doc. 50 at 3.) Her salary was $35,000 per year plus commissions. (Doc. 50 at 7.) In 2008, Quintiliani’s total compensation including salary plus commissions was $58,771.26. (Doc. 42-2 at 6.) For most of her employment, Quintiliani was supervised by Andrew Jacobs, the Director of Medical Staffing. (Doc. 42-2 at 3.)

Plaintiff Jessica Carpenter (“Carpenter”) was employed by Concentric as a Compliance Coordinator and as a Staffing Coordinator. (Doc. 42-2 at 3; Doc. 50 at 6.) Her salary as a Compliance Coordinator was $34,000 per year plus commissions. (Doc. 51-5 at 17.) Carpenter was also supervised by Andrew Jacobs, the Director of Medical Staffing. (Doc. 42-2 at 11.)

The job description for Staffing Coordinator is as follows:

a) answer in-bound phone calls, minimum of 80 outbound calls per day; b) communicate daily with all active nursing employees, to update schedules and answer questions; c) communicate daily with Client facilities to answer questions and confirm shifts; d) generate leads for new client businesses; assess client needs and liaise with recruiters to fulfill; ensure timely payroll and billing; e) maintain accessibility to weekend and night staff for questions; f) provide on call coverage three to four times per month, or as needed — to include weekends, nights and holidays; g) knowledge and application of AzHHA and JCAHO standards; h) adhere to all Federal and State laws regarding licensure requirements as well as relevant healthcare program requirements to include the Company’s business policies and Code of Conduct; i) and other duties as assigned.

(Doc. 50 at 7-8.) Specifically, the Staffing Coordinator’s primary duties involved:

a) placing nurses who would provide the best services to Concentric’s clients; b) approving higher rates of pay for nurses where appropriate in order to ensure the placement of the most capable nurses with Concentric’s clients; c) working directly with Concentric’s clients to gather evaluative information regarding the staffing services to ensure the “best fit” for staffing; d) generating additional business and developing the client relationship on behalf of Concentric; e) counseling nurses who did not provide good service to Concentric’s clients; f) participate in terminating or designating a nurse as DNR [Do Not Return] where appropriate service is not provided to Concentric’s clients; g) forecasting [742]*742client needs in order to market, sell and development Concentric’s clients.

(Doc. 51-6 at 3-4; Doc. 51-2 at 19-23.)

The job description for Compliance Coordinator is as follows:

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Bluebook (online)
944 F. Supp. 2d 738, 2013 WL 1283753, 2013 U.S. Dist. LEXIS 44686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quintiliani-v-concentric-healthcare-solutions-llc-azd-2013.