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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO._____________________________ 

CAROLYN MARTIN and TROY GOINGS, 

on behalf of themselves and others similarly 

situated, 

Plaintiffs,

v.

HCA-IT&S FIELD OPERATIONS, INC., 

Defendant.

_________________________ _____| 

COMPLAINT

(FLSA Collective Action)

COMES NOW Carolyn Martin (“MARTIN”) and Troy Goings (“GOINGS”), 

individually and on behalf of all others similarly situated, file this Collective Action 

Complaint against Defendant, HCA-IT&S FIELD OPERATIONS (collectively “HCAIT&S”) seeking all relief available under the Fair Labor Standards Act of 1938, as 

amended, 29 USC §§ 201, et seq. (“FLSA”) on behalf of themselves and all current and 

former Physicians Services Specialists and Consulting Physician Service Providers 

who worked at Defendant’s locations throughout the State of Florida, and for this 

cause of action state the following:

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

NATURE OF THE ACTION

1. MARTIN and GOINGS, on behalf of themselves and other current and 

former employees who will opt into this action pursuant to the FLSA, state that MARTIN 

and GOINGS and other similarly situated employees are entitled to: (1) unpaid wages 

from HCA-IT&S for overtime work for which they did not receive overtime pay as 

required by the FLSA; (2) liquidated damages pursuant to the FLSA; (3) reasonable fees 

and costs; and (4) any further relief this Court deems just and equitable.

JURISDICTION AND VENUE

2. This is an Action brought against HCA-IT&S for violations of the FLSA. 

3. This Action is brought to recover unpaid compensation, in the form of

overtime compensation, owed to Plaintiffs, individually and on behalf of all employees 

and former employees of HCA-IT&S who are similarly situated with them, pursuant to 

the FLSA.

4. This Court has subject matter jurisdiction over this Action pursuant to 28 

U.S.C. §1331. 

5. Venue is proper in the Southern District of Florida under 28 U.S.C. § 

1391(b), since both MARTIN and GOINGS worked at Defendant’s locations in this 

District. 

6. MARTIN is sui juris and is a resident of this District. 

7. GOINGS is sui juris and is a resident of this District. 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

8. HCA-IT&S conducts business in this District, and throughout the State of 

Florida. 

9. MARTIN worked for HCA-IT&S in East Florida Division, Inc., for 

hospitals located in this District. 

10. GOINGS worked for HCA-IT&S in East Florida Division, Inc., for 

providers who worked at hospitals located in this District. 

11. All actions relevant to this Complaint occurred in this District and 

throughout the State. 

CONDITIONS PRECEDENT 

12. All conditions precedent have been satisfied or waived. 

FACTUAL ALLEGATIONS

HCA-IT&S “Who We Are”

13. HCA-IT&S asserts that: “As one of the nation's leading providers of 

healthcare services, HCA Healthcare is comprised of 182 hospitals and 2,300+ sites of 

care in 20 states and the United Kingdom. In addition to hospitals, sites of care include 

surgery centers, freestanding ERs, urgent care centers, diagnostic and imaging centers, 

walk-in clinics and physician clinics.” 

14. HCA-IT&S ’s Principal Address for the hospitals located in the East 

Florida Division, Inc., the South Atlantic Division, Inc., the West Florida Division, Inc. 

and the North Florida Division I, Inc. is: One Park Plaza, Nashville, TN 37203 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

(“Principal Address”).

15. HCA-IT&S provides technology and support to physicians who provides 

services to hospitals in the East Florida Division, West Florida Division, Southeast 

Atlantic Division and North Florida I Division. 

East Florida Division, Inc.

16. As of the date of this filing, the hospital facilities located within the East

Florida Division, Inc. are:

a. HCA Florida Aventura Hospital

b. HCA Florida Highlands Hospital

c. HCA Florida JFK Hospital

d. HCA Florida JFK North Hospital, a part of HCA Florida JFK 

Hospital

e. HCA Florida Kendall Hospital

f. HCA Florida Lawnwood Hospital

g. HCA Florida Mercy Hospital

h. HCA Florida Northwest Hospital

i. HCA Florida Palms West Hospital

j. HCA Florida Plantation Emergency, a part of Westside Hospital

k. HCA Florida Raulerson Hospital

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

l. HCA Florida St. Lucie Hospital 

m. HCA Florida Westside Hospital

n. HCA Florida Woodmont Hospital

South Atlantic Florida Division, Inc.

17. As of the date of this filing, the hospital facilities located within Florida in 

the South Atlantic Division, Inc. are:

a. HCA Florida Memorial Hospital

b. HCA Florida Orange Park Hospital

West Florida Division, Inc.

18. As of the date of this filing, the hospital facilities located within the West 

Florida Division, Inc. are:

a. HCA Florida Bayonet Point Hospital

b. HCA Florida Blake Hospital

c. HCA Florida Brandon Hospital

d. HCA Florida Citrus Hospital

e. HCA Florida Englewood Hospital

f. HCA Florida Fawcett Hospital

g. HCA Florida Largo Hospital

h. HCA Florida Northside Hospital

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

i. HCA Florida Oak Hill Hospital

j. HCA Florida Pasadena Hospital

k. HCA Florida Sarasota Doctors Hospital

l. HCA Florida South Shore Hospital

m. HCA Florida South Tampa Hospital

n. HCA Florida St. Petersburg Hospital

o. HCA Florida Trinity Hospital 

p. HCA Florida West Tampa Hospital, a Part of HCA Florida 

South Tampa Hospital

North Florida Division I, Inc.

19. As of the date of this filing, the hospital facilities located within the North 

Florida Division I, Inc. are:

a. HCA Florida Capital Hospital

b. HCA Florida Fort Walton-Destin Hospital

c. HCA Florida Gulf Coast Hospital 

d. HCA Florida Lake City Hospital

e. HCA Florida Lake Monroe Hospital

f. HCA Florida North Florida Hospital

g. HCA Florida Ocala Hospital

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

h. HCA Florida Osceola Hospital

i. HCA Florida Poinciana Hospital 

j. HCA Florida Putnam Hospital

k. HCA Florida Twin Cities Hospital 

l. HCA Florida West Hospital 

m. HCA Florida West Marion Hospital, A Part of HCA Florida 

Ocala Hospital

n. Oviedo Medical Center 

o. UCF Lake Nona Hospital 

HCA’s Operations

20. At all times material to this Action, Defendant was an enterprise engaged 

in commerce or in the production of goods for commerce as defined by §203(s)(l) of the 

FLSA.

21. At all times relevant to this Action, Defendant was an “employer” of the 

Plaintiffs as defined by § 203(d) of the FLSA.

22. At all times material to this Action, the Plaintiffs “employees” of 

Defendant as defined by § 203(e)(1) of the FLSA, and worked for Defendant within the 

territory of Florida, within three years preceding the filing of this lawsuit.

23. HCA-IT&S has a uniform policy and practice of consistently requiring its 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

Provider Solutions Specialist and Consulting Solutions Specialist to work more than 

forty hours per week for a salaried amount without paying them overtime 

compensation.

PSS and CPSS Duties

24. MARTIN was employed with HCA-IT&S as a “Provider Solutions 

Specialists” who assisted with on-boarding providers and their staff who worked at 

hospitals within HCA-IT&S (“PSS”).

25. GOINGS was employed with HCA-IT&S as a “Consulting Provider 

Solutions Specialists” who assisted with on-boarding providers and their offices 

located outside for HCA-IT&S (“CPSS”).

26. Though HCA-IT&S has changed the title of the positions held by 

MARTIN, and similarly situated PSS employees, and GOINGS, and similarly situated 

CPSS employees, over the three years prior to the filing of this Action, HCA-IT&S has 

hired employees and paid them on a salary-basis to perform the following job duties

that is now known as Provider Solutions Specialist (“PSS”) who provide “Support” 

for physicians and their staff who work inside hospital locations and Consulting 

Provider Solutions Specialist (“CPSS”) who provides “Support” duties for 

physicians and their staff who work outside hospital locations.

27. The PSS and CPSS provides “Support” under three main stages:

a. Onboarding: HCA-IT&S provides the PSS or CPSS with 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

assigned providers and their start date; the PSS and CPSS 

employees track start dates; onboard providers; use a 

spreadsheet prepared and provided by HCA-IT&S to checkoff stages in the on-boarding process; HCA-IT&S conducts 

weekly meetings to monitor the PSS’ and CPSS’ progress;

b. On-going Support: whereby the PSS and CPSS employees 

provide support to their assigned providers; and

c. Terminating a Provider: whereby PSS and CPSS employees 

follow a spreadsheet to track the close-out of the provider, 

including closing notes, ensuring the return of equipment, filing 

of paperwork, and close-out of all IT services. 

28. HCA-IT&S provided the spreadsheets for the PSS and CPSS employees to 

perform their duties and check-off each task. 

29. HCA-IT&S held weekly meetings to monitor and track the PSS’ and CPSS’ 

work. 

30. In addition to the weekly meetings, HCA-IT&S continuously monitored 

the work performed by the PSS and CPSS employees. 

31. The PSS and CPSS employees handle the following “Support 

Requests”:

a. Rounds in physician practices to ensure ambulatory

electronic health record (“HER”) support needs and issues

are proactively identified and addressed.

b. Provides direct support of ambulatory EHR solutions to

physician practices.

c. Documents interactions with physician practices to confirm

needs are met, reporting issues to other teams as needed.

d. Coordinates provider and practice service requests and 

incident resolutions through the Division Service Desk. 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

Reviews problem tracking databases and has the ability to 

track and analyze metrics. HCA- IT&S, Inc.

e. Conducts problem analysis, timely and accurate resolution,

and root cause analysis for complex ambulatory EHR issues

and requests.

f. Escalates and works with enterprise subject matter experts

and integrated support team resources to identify trends and

manage resolution of ambulatory EHR application issues

and requests.

g. Analyzes and provides hands-on support for moderate to 

complex inquiries. Identifies and facilitates discussions 

with appropriate technical group or vendor to resolve the 

problem and coordinates as needed.

h. Monitors and communicates trends and issues that may

affect administration/provider relationships, regulatory

compliance, and quality initiatives.

i. Provides timely response and resolution to provider issues

identified and reported in GrowthLink, as applicable.

j. Serves as a subject-matter expert for ambulatory EHR

solutions and support to the Service Desk Community.

32. The PSS and CPSS employees Job Requirements are:

a. Possesses a mature understanding of system access and 

information protection standards and processes to offer 

guidance and instruction to practice personnel regarding 

EHR technology, related systems, and reporting access.

b. Collects and routes non-standard access requests to

governing teams for consideration; Provides timely

feedback and outcome to physician practices.

c. Promotes system security, information protection, and

patient confidentiality and helps ensure compliance.

d. Enhances provider utilization of HCA technologies, by

offering at the elbow support, one-on-one training, and

support.

33. The PSS and CPSS employees provide the following “Training” to the 

physicians and their staff:

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

a. Responsible for leading, planning, coordinating,

developing, tracking and delivery of training for providers

and practice personnel on ambulatory EHR technologies

and supporting systems.

b. Collaborates with Central EHR Implementation and 

Ambulatory Clinical Informatics teams to design, develop, 

and implement education and training materials for the 

ambulatory EHR system in support of providers’ and 

practice staff initial and ongoing training.

c. Develops, maintains and customizes ambulatory EHR

system training materials to reflect market or practice or

specialty-specific needs.

d. Prepares and delivers presentations, demonstrations, trainthe-trainer, and special training courses with frequency.

e. Trains in a multitude of settings and leverage existing

technology to meet the needs of the audience or customer

base.

f. Coordinate and executes group testing procedure training

plans, conduct pilot trainings, and provide feedback to

project lead to better serve our HCA business partners.

34. The PSS and CPSS employees provide the following “Customer Service”: 

a. Partners with practice, market, division and Corporate

colleagues to enable a successful physician experience and

foster improved customer service interactions.

b. Effectively communicates with customers, maintaining

positive body language with confidence and patience.

c. Follows up, post issue resolution, to complete customer

service cycle.

d. Seeks feedback through customer interaction to identify

areas of improvement.

35. The PSS and CPSS employees are supposed to have the following 

“Knowledge, Skills and Abilities”: 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

a. Organizational

i. Organize/prioritize tasks and maintain attention to

detail

ii. Willingness to update job skills in a changing

environment

iii. Flexibility to manage unanticipated changes

iv. Adaptable to changing environment of the healthcare

industry to physician support

b. Leadership

i. Possess well-developed leadership skills

ii. Professional attitude and appearance

iii. Self-motivated and goal oriented

iv. Works independently; receives minimal guidance.

v. Acts as a mentor and provides technical direction

c. Communication

i. Demonstrated ability to lead group discussions with

clinical and information technology personnel, verbally

and writing

ii. Delivers information in a clear, concise, and compelling

manner to effectively engage others and achieve desired

results

iii. Excellent customer-facing teaching abilities

iv. Exchange information across department,

organization/enterprise; communicates independently,

thorough understanding of subject/topic; sharing

technical expertise or providing direction/instruction.

d. Customer Service

i. Demonstrated customer service focus

ii. Broad experience in providing high-level service

iii. Lead discussions around providing quality customer

service, orientation and/or training

e. Relationship Building

i. Demonstrated ability to establish and build strong

relationships among Corporate, Division, Market, and

practice personnel.

ii. Ability to work well with others and lead focused

discussions that facilitate promote growth between

business partners.

f. Problem Solving

i. Analyze and handle multiple duties simultaneously and

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

exhibit initiative

ii. Extensive understanding of workflow and how systems

are used in physician practices

iii. Work assignments are advanced/complex in nature;

accountable for major projects

iv. Uses best practices and in-depth knowledge and

experience; applies expert analytics and/or technical

interpretation to provide highly creative solutions.

g. Clinical/Technical

i. Mature understanding of clinical application support

processes and ambulatory EHR workflows preferred

ii. Extensive experience supporting providers

iii. Broad expertise with clinical information systems

iv. Understands pertinent regulatory guidelines (HIPAA)

and government programs (Meaningful Use)

v. Demonstrated advanced computer skills

h. Healthcare Inspiration:

i. Knows technology improves the patient experience

ii. Believes clinicians care for people better when armed

with the right technology

iii. Provides tools caregivers need to do their best work

iv. Sees that technology applied to healthcare is

meaningful... it matters

36. HCA-IT&S’s Preferred but not Required Job Requirements are: 

Proficiency in clinical applications, ambulatory EHR.

37. HCA-IT&S does not require the PSS and CPSS employees to be College

graduates or take advanced course studies or related experience with 5 years

previous experience in healthcare related field, though those education areas are

“preferred”.

38. The PSS’ and CPSS’ Physical Demands/Working Conditions are:

a. Requires prolonged sitting, some bending, stooping and

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

stretching.

b. Requires eye-hand coordination and manual dexterity

sufficient to operate a keyboard, photocopier, telephone, 

calculator and other office equipment. 

c. Requires normal range of hearing and eyesight to record, 

prepare and communicate appropriate reports. 

d. Work is performed in an office environment. 

e. Work may be stressful at times. 

f. Contact may involve dealing with angry or upset people. 

g. Staff must remain flexible and available to provide staffing 

assistance for any/all disaster or emergency situations.

Collective Action Allegations:

39. Plaintiffs were not computer programmers and did not create new

technology or make improved versions of technology while working for Defendant. 

Therefore, Plaintiffs are not subject to the computer professional exemption of 29

U.S.C. 213(a)(17).

40. MARTIN, on her behalf and on behalf of all similarly situated PSS 

employees was paid a specified annual salary.

41. GOINGS, on his behalf and on behalf of all similarly situated CPSS

employees was paid a specified annual salary.

42. MARTIN and other similarly situated PSS employees, were not paid any

overtime compensation despite the fact that the members of the Physicians Services 

Group worked more than 40 hours per week.

43. GOINGS and other similarly situated CPSS employees, were not paid any

overtime compensation despite the fact that the members of the Physicians Services 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

Group worked more than 40 hours per week.

44. MARTIN and all similarly situated PSS employees who elect to 

participate in this Action seek unpaid overtime compensation, an equal amount of 

liquidated damages, attorneys’ fees, and costs pursuant to 29 U.S.C. §216(b).

45. GOINGS and all similarly situated CPSS employees who elect to 

participate in this Action seek unpaid overtime compensation, an equal amount of 

liquidated damages, attorneys’ fees, and costs pursuant to 29 U.S.C. §216(b).

46. The provisions set forth in 29 U.S.C. §§206 and 207, respectively, of the 

FLSA apply to Defendant and all members of the Plaintiffs’ Classes herein were covered 

by §§ 206 and 207 of the FLSA while they were employed by Defendant.

47. The duties of MARTIN and the other similarly situated PSS employees of 

HCA-IT&S did not involve determining hardware, software or system functional 

specifications, or working on the design, development, documentation, analysis, 

creation, testing or modification of computer systems or programs.

48. The duties of GOINGS and the other similarly situated CPSS employees of 

HCA-IT&S did not involve determining hardware, software or system functional 

specifications, or working on the design, development, documentation, analysis, 

creation, testing or modification of computer systems or programs.

49. The duties of MARTIN and the other similarly situated PSS employees of 

HCA-IT&S are not directly related to the management or general business operations of 

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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 | PLANTATION, FL 33324 | T: 954.606.5891 | F: 877.464.7316

Defendant or Defendant’s customers.

50. The duties of GOINGS and the other similarly situated CPSS employees of 

HCA-IT&S are not directly related to the management or general business operations of 

Defendant or Defendant’s customers.

51. MARTIN and the other similarly situated PSS employees of HCA-IT&S

did not exercise discretion or independent judgment with respect to matters of 

significance during their employment by Defendant.

52. GOINGS and the other similarly situated CPSS employees of HCA-IT&S

did not exercise discretion or independent judgment with respect to matters of 

significance during their employment by Defendant.

53. While working for HCA-IT&S, MARTIN and the other similarly situated

PSS employees did not have the authority to formulate, affect, interpret, or

implement management policies or operating practices.

54. While working for HCA-IT&S, GOINGS similarly situated and the other 

CPSS employees did not have the authority to formulate, affect, interpret, or implement 

management policies or operating practices

55. While working for HCA-IT&S, MARTIN and the other similarly

situated PSS employees did not carry out major assignments in conducting the

operations of the business.

56. While working for HCA-IT&S, GOINGS and the other similarly

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situated CPSS employees did not carry out major assignments in conducting the

operations of the business.

57. While working for HCA-IT&S, MARTIN and the other similarly situated 

PSS employees of Defendant’s did not perform work that affected business operations to 

a substantial degree. 

58. While working for HCA-IT&S, GOINGS and the other similarly situated

CPSS employees of Defendant’s did not perform work that affected business operations 

to a substantial degree. 

59. While working for HCA-IT&S, MARTIN and the other similarly situated

PSS employees did not have authority to commit Defendant in matters that had a 

significant impact. 

60. While working for HCA-IT&S, GOINGS and the other similarly situated

CPSS employees did not have authority to commit Defendant in matters that had a 

significant impact. 

61. While working for HCA-IT&S, MARTIN and the other similarly situated

PSS employees did not have the authority to negotiate and bind the company on 

significant matters. 

62. While working for HCA-IT&S, GOINGS and the other similarly situated

CPSS employees did not have the authority to negotiate and bind the company on 

significant matters. 

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63. While working for HCA-IT&S, the primary duty of MARTIN and the other 

similarly situated PSS employees did not include providing consultation and expert 

advice to management. 

64. While working for HCA-IT&S, the primary duty of GOINGS and the other 

similarly situated CPSS employees did not include providing consultation and expert 

advice to management. 

65. While working for HCA-IT&S, MARTIN and the other similarly situated

PSS employees were not involved in planning long or short-term business objectives. 

66. While working for HCA-IT&S, GOINGS and the other similarly situated

CPSS employees were not involved in planning long or short-term business objectives. 

67. While working for HCA-IT&S, MARTIN and the other similarly situated

PSS employees did not investigate and resolve matters of significance on behalf of 

management. 

68. While working for HCA-IT&S, GOINGS and the other similarly situated

CPSS employees did not investigate and resolve matters of significance on behalf of 

management. 

69. The positions of MARTIN and the other similarly situated PSS employees 

of HCA-IT&S are not exempt from overtime under the FLSA.

70. The positions of GOINGS and the other similarly situated PSS employees 

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of HCA-IT&S are not exempt from overtime under the FLSA.

71. Defendant has intentionally failed and/or refused to pay the Plaintiffs and 

other similarly situated PSS AND CPSS employees according to the provisions of the 

FLSA.

72. MARTIN and similarly situated PSS employees periodically worked 

during lunch.

73. GOINGS and similarly situated CPSS employees periodically worked 

during lunch. 

74. The systems, practices and duties of MARTIN and the other similarly

situated PSS employees of HCA-IT&S have existed for at least three years prior to the 

filing of this Action and on-going throughout the Defendant’

s businesses.

75. The systems, practices and duties of GOINGS and the other similarly

situated CPSS employees of HCA-IT&S have existed for at least three years filing of this 

Action and on-going throughout the Defendant’s businesses.

76. For at least three years, HCA-IT&S is aware or should have been aware of 

the requirements of the FLSA and its corresponding regulations. Despite this 

knowledge, HCA-IT&S has failed to pay its PSS and CPSS employees for all hours 

worked in excess of forty (40) at half-time rate of their regular hourly rate. Therefore, 

Defendant has willfully violated the overtime provisions of the FLSA.

77. There are numerous other similarly situated PSS and CPSS employees and 

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former PSS and CPSS employees of Defendant who have been improperly compensated 

in violation of the FLSA and who would benefit from the issuance of Court-supervised

notice of the present lawsuit and the opportunity to join the present lawsuit. Those 

similarly situated employees are known to Defendant and are readily identifiable

through Defendant’

s records.

78. MARTIN therefore seeks to represent the following class of similarly 

situated PSS employees: All current and former U.S. based employees of Defendant, who 

at any time between October 13, 2019 and the present: (1) worked for the Defendant and 

performed the duties of PSS, (2) worked more than forty (40) hours per week in one or 

more weeks, (3) did not receive payment for their hours of work in excess of forty (40) at 

one-half (.5) times their regular rate of pay. All employees fitting or falling under the 

foregoing description would benefit from Court-supervised notice and the opportunity 

to join the present lawsuit, and should be so notified. (“Putative PSS FLSA Collective”)

79. Plaintiff GOINGS therefore seeks to represent the following class of 

similarly situated CPSS employees: All current and former U.S. based employees of 

Defendant, who at any time between October 13, 2019 and the present: (1) worked for the 

Defendant and performed the duties of CPSS, (2) worked more than forty (40) hours per 

week in one or more weeks, (3) did not receive payment for their hours of work in excess 

of forty (40) at one-half (.5) times their regular rate of pay. All employees fitting or falling 

under the foregoing description would benefit from Court-supervised notice and the 

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opportunity to join the present lawsuit, and should be so notified. (“Putative CPSS 

FLSA Collective”)

80. HCA-IT&S was aware, or should have been aware, that the work 

performed by MARTIN and the Putative PSS FLSA Collective members constitutes 

compensable work time under the FLSA and was not preliminary, postliminary or de 

minimus. 

81. HCA-IT&S was aware, or should have been aware, that the work 

performed by GOINGS and the Putative CPSS FLSA Collective members constitutes 

compensable work time under the FLSA and was not preliminary, postliminary or de 

minimus. 

82. HCA-IT&S further has engaged in widespread pattern and practice of 

violating the provisions of FLSA by failing to pay Plaintiffs and other similarly situated 

PSS and CPSS employees and former employees in accordance with §207 of the FLSA.

83. As a result of Defendant’s violations of the FLSA, the named collective 

action Plaintiffs, as well as all others similarly situated, have suffered damages by failing 

to receive compensation in accordance with §207 of the FLSA.

84. In addition to the amount of unpaid wages and benefits owing to MARTIN

and all other similarly situated PSS employees, she is also entitled to recover an 

additional equal amount as liquidated damages pursuant to 29 U.S.C. §216(b) and 

prejudgment interest.

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85. In addition to the amount of unpaid wages and benefits owing to GOINGS 

and all other similarly situated CPSS employees, he is also entitled to recover an 

additional equal amount as liquidated damages pursuant to 29 U.S.C. §216(b) and 

prejudgment interest.

86. Defendant’s actions in failing to compensate the Plaintiffs, as well as 

other similarly situated PSS and CPSS employees and former PSS and CPSS employees,

in violation of the FLSA, were willful.

87. Those similarly situated employees are known to HCA-IT&S, are readily 

identifiable and can be located through HCA-IT&S’s records.

88. Upon information and belief, Defendant has not made a good faith effort to

comply with the FLSA.

89. The Plaintiffs, and all others similarly situated PSS and CPSS employees, 

are also entitled to an award of attorney’

s fees pursuant to 29 U.S.C. §216(b). 

COUNT I

FLSA ACTION FOR UNPAID OVERTIME COMPENSATION BY MARTIN AND 

ON BEHALF OF THE PUTATIVE PSS FLSA COLLECTIVE MEMBERS

90. MARTIN, on behalf of herself and the Putative PSS FLSA Collective 

Members, repeat and reallege paragraphs 1-5, 6, 8, 9, 11-24, 26-40, 42, 44, 46-47, 49, 51, 

53, 55, 57, 59, 61, 63, 65, 67, 69, 71-72, 74, 76-77, 78, 80, 82-84 and 86-89, as though fully 

stated herein.

91. HCA-IT&S has engaged in a widespread pattern and practice of violating 

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the FLSA, as detailed in this Collective Action Complaint.

92. MARTIN and the Putative PSS FLSA Collective members have consented 

in writing to be parties to this action, pursuant to 29 U.S.C. § 216(b).

93. The overtime wage provisions set forth in 29 U.S.C. §§ 201 et seq. apply to 

HCA-IT&S.

94. At all relevant times, MARTIN and the Putative PSS FLSA Collective 

members were engaged in commerce and/or the production of goods for commerce 

within the meaning of 29 U.S.C. §§ 206(a) and 207(a).

95. HCA-IT&S is an employer engaged in commerce and/or the production of 

goods for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).

96. At all times relevant, MARTIN and the Putative PSS FLSA Collective 

members were employees within the meaning of 29 U.S.C. §§ 203 (e) and 207(a).

97. HCA-IT&S has failed to pay MARTIN and other similarly situated 

Putative PSS FLSA Collective members the overtime wages to which they were entitled 

under the FLSA.

98. HCA-IT&S’s violations of the FLSA, as described in the Collective Action 

Complaint, have been intentional and willful. 

99. HCA-IT&S has not made a good faith effort to comply with the FLSA with 

respect to the compensation of the MARTIN and other similarly situated Putative PSS 

FLSA Collective members.

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100. HCA-IT&S has intentionally, willfully, and regularly engaged in a 

company- wide policy, pattern, or practice of violating the FLSA with respect to 

MARTIN and the Putative PSS FLSA Collective members, which policy, pattern or 

practice was authorized, established, promulgated, and/or ratified by HCA-IT&S’s

corporate headquarters. This policy, pattern or practice includes but is not limited 

to:

a. willfully failing to record all of the time MARTIN and the

Putative PSS FLSA Collective members have worked for the 

benefit of HCA-IT&S;

b. willfully failing to keep accurate time records as required by the

FLSA;

c. willfully failing to credit the MARTIN and the Putative PSS 

FLSA Collective members for all hours worked including

overtime hours, consistent with the requirements of the 

FLSA; and

d. willfully failing to pay the MARTIN and the Putative PSS 

FLSA Collective members wages for all hours worked

including overtime wages for hours in excess of 40 hours per 

workweek.

101. Because HCA-IT&S’s violations of the FLSA have been willful, a threeCase 1:22-cv-23323-XXXX Document 1 Entered on FLSD Docket 10/13/2022 Page 24 of 30
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year statute of limitations applies, pursuant to 29 U.S.C. § 255, as may be tolled by equity 

or agreement of the parties.

WHEREFORE, Plaintiff, CAROLYN MARTIN, individually and on behalf of

all other similarly situated persons of the Putative PSS FLSA Collective, pursuant to 

§216(b) of the FLSA, pray for the following relief:

a. A declaratory judgment that the practices complained of

herein are unlawful under FLSA;

b. Certification of this Action as a collective action brought

pursuant to the FLSA §216(b);

c. Designation of Plaintiff as a representative of the other PSS

employees working for HCA-IT&S (“PSS FLSA Collective 

Plaintiffs”);

d. That, at the earliest possible time, MARTIN be allowed to give 

notice, or that the Court issue such notice, to all Defendant’

s 

covered employees in all locations within the United States

during the three years immediately preceding the filing of this 

suit, to all other potential plaintiffs who may be similarly 

situated informing them that this Action has been filed, the 

nature of the Action, and of their right to opt in to this lawsuit if

they worked overtime but were not paid compensation and 

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benefits pursuant to 29 U.S.C. §216(b); 

e. An award of damages to MARTIN and similarly situated

employees, in the amount of their respective unpaid overtime 

compensation, plus an equal amount of liquidated damages 

pursuant to 29 U.S.C. §216(b); 

f. MARTIN’s reasonable attorneys’ fees, including the costs and

expenses of this Action; 

g. Costs of Action incurred herein, including expert fees;

h. Pre-judgment and post-judgment interest, as provided by law;

and

i. Such other legal relief to which they may be entitled.

COUNT II 

FLSA ACTION FOR UNPAID OVERTIME COMPENSATION BY GOINGS AND 

ON BEHALF OF THE PUTATIVE CPSS FLSA COLLECTIVE MEMBERS

102. GOINGS, on behalf of himself and the Putative CPSS FLSA Collective 

Members, repeat and reallege paragraphs 1-5, 7, 8, 10-23, 25-39, 41, 43, 45-46, 48, 50, 52, 

54, 56, 58, 60, 62, 64, 66, 68, 70-71, 73, 75-76, 79, 81-83, and 85-89 as though fully stated 

herein.

103. HCA-IT&S has engaged in a widespread pattern and practice of violating 

the FLSA, as detailed in this Collective Action Complaint.

104. GOINGS and the Putative CPSS FLSA Collective members have consented 

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in writing to be parties to this action, pursuant to 29 U.S.C. § 216(b).

105. The overtime wage provisions set forth in 29 U.S.C. §§ 201 et seq. apply to 

HCA-IT&S.

106. At all relevant times, GOINGS and the Putative CPSS FLSA Collective 

members were engaged in commerce and/or the production of goods for commerce 

within the meaning of 29 U.S.C. §§ 206(a) and 207(a).

107. HCA-IT&S is an employer engaged in commerce and/or the production of 

goods for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).

108. At all times relevant, GOINGS and the Putative CPSS FLSA Collective 

members were employees within the meaning of 29 U.S.C. §§ 203 (e) and 207(a).

109. HCA-IT&S has failed to pay GOINGS and other similarly situated 

Putative CPSS FLSA Collective members the overtime wages to which they were 

entitled under the FLSA.

110. HCA-IT&S’s violations of the FLSA, as described in the Collective Action 

Complaint, have been intentional and willful. 

111. HCA-IT&S has not made a good faith effort to comply with the FLSA with 

respect to the compensation of the GOINGS and other similarly situated Putative CPSS 

FLSA Collective members.

112. HCA-IT&S has intentionally, willfully, and regularly engaged in a 

company- wide policy, pattern, or practice of violating the FLSA with respect to 

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GOINGS and the Putative CPSS FLSA Collective members, which policy, pattern 

or practice was authorized, established, promulgated, and/or ratified by HCAIT&S’s corporate headquarters. This policy, pattern or practice includes but is not 

limited to:

a. willfully failing to record all of the time GOINGS and the

Putative CPSS FLSA Collective members have worked for the 

benefit of HCA-IT&S;

b. willfully failing to keep accurate time records as required by the

FLSA;

c. willfully failing to credit the GOINGS and the Putative CPSS 

FLSA Collective members for all hours worked including

overtime hours, consistent with the requirements of the 

FLSA; and

d. willfully failing to pay the GOINGS and the Putative CPSS 

FLSA Collective members wages for all hours worked

including overtime wages for hours in excess of 40 hours per 

workweek.

113. Because HCA-IT&S’s violations of the FLSA have been willful, a threeyear statute of limitations applies, pursuant to 29 U.S.C. § 255, as may be tolled by 

equity or agreement of the parties.

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WHEREFORE, Plaintiff, TROY GOINGS, individually and on behalf of all

other similarly situated persons of the Putative CPSS FLSA Collective, pursuant to 

§216(b) of the FLSA, pray for the following relief:

a. A declaratory judgment that the practices complained of

herein are unlawful under FLSA;

b. Certification of this Action as a collective action brought

pursuant to the FLSA §216(b);

c. Designation of GOINGS as a representative of the other CPSS 

employees working for HCA-IT&S (“CPSS FLSA Collective 

Plaintiffs”);

d. That, at the earliest possible time, GOINGS be allowed to give 

notice, or that the Court issue such notice, to all HCA-IT&S’s 

covered employees in all locations within the United States

during the three years immediately preceding the filing of this 

suit, to all other potential plaintiffs who may be similarly 

situated informing them that this Action has been filed, the 

nature of the Action, and of their right to opt in to this lawsuit if

they worked overtime but were not paid compensation and 

benefits pursuant to 29 U.S.C. §216(b);

e. An award of damages to GOINGS and similarly situated

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employees, in the amount of their respective unpaid overtime 

compensation, plus an equal amount of liquidated damages 

pursuant to 29 U.S.C. §216(b); 

f. GOINGS’ reasonable attorneys’ fees, including the costs and

expenses of this Action;

g. Costs of Action incurred herein, including expert fees;

h. Pre-judgment and post-judgment interest, as provided by law;

and

i. Such other legal relief to which they may be entitled.

JURY TRIAL DEMAND

Plaintiffs, MARTIN and GOINGS, and all similarly situated employees

who join this Action, demand a trial by jury on all issues so triable.

Dated: October 13, 2022. Respectfully submitted, 

By: /s/ Gina Cadogan 

 GINA MARIE CADOGAN

 Fla. Bar No. 177350 

 Cadogan Law

 300 S. Pine Island Road, Suite 107 

 Plantation, FL 33324 

 Telephone: 954.606.5891 

 Facsimile: 877.464.7316 

 gina@cadoganlaw.com 

 kathy@cadoganlaw.com

 tyler@cadoganlaw.com

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