On January 24, 2020, a former courier filed an overtime lawsuit against HealthEx Corp., and HealthEx Courier LLC (“HealthEx”). The Complaint alleges that HealthEx misclassified its couriers as independent contractors and did not pay them an overtime premium when they worked overtime hours. According to its website, HealthEx is a “courier service that is dedicated exclusively to the healthcare community and have taken one of the oldest services known to man and updated it to satisfy the specific needs and demands of the medical community.” The plaintiff, and those similarly situated, worked for HealthEx in states across the country delivering pharmaceuticals to HealthEx customers.
The case was filed as a putative collective action under the federal Fair Labor Standards Act for all couriers across the country and as class action for Ohio couriers under Ohio state law. The plaintiff seeks to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and others similarly situated.
Michele Fisher, one of the attorneys representing the couriers, explained, “companies often misclassify workers as independent contractors to avoid paying them consistent with wage and hour laws enacted to protect employees. This is not only unfair to the workers but is also unfair to companies that correctly classify their workers as employees and pay them the overtime compensation they are due.”
Plaintiffs are represented by Michele R. Fisher of Nichols Kaster, PLLP, which has offices in Minnesota and California, and Shavitz Law Group, P.A., which has offices in New York and Florida. The case is entitled, Manu et. al. v. HealthEx Corp., et al, Case No. 2:20-cv-00408 (Eastern District of New York).
Additional information about the case and how couriers can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 344-4628.