According to Law360, Quest Diagnostics, a medical testing company founded in New York City, is now dealing with a Fair Labor Standards Act (FLSA) collective action filed by a former employee in California federal court. The plaintiff claims that Quest regularly shorted hundreds of its hourly workers on their overtime pay by not including automatic incentive payments.
Sandy Avila, the plaintiff named in the suit, filed the complaint after spending two years with Quest as a referral assistant and testing assistant in the company’s West Hills, Calif., location. Avila claims to have regularly worked more than 40 hours a week; however, the company did not include a host of non-discretionary pay, like “Recognition Quest” and “Goal Sharing Bonus,” when compensating for overtime. The lawsuit alleges that by not factoring these payments into an employee’s base pay rate while calculating overtime pay, Quest violated both California and federal FLSA laws.
“Defendants regularly and systematically, as a policy and practice, miscalculated the overtime rate of pay by failing to properly include the various forms of incentive pay paid to plaintiff,” Avila claims.
Avila now wishes to represent multiple classes against Quest, including a nationwide FLSA class and two California-only state labor law classes. Avila also alleges each class contains more than 500 Quest employees that have experienced the same purported wage violations. Avila seeks injunctive relief, statutory penalties, compensatory damages and restitution in the suits.
The accusations being brought against Quest Diagnostics by Avila include violation of the FLSA and California’s labor code overtime provisions, violation of provisions having to do with the timely payment of wages when an employee leaves the company, and, lastly, a derivative claim for violation of California’s Unfair Competition Law.
Source: Law 360