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Employment

HealthEx Corp., and HealthEx Courier LLC

Manu et al. v. HealthEx Corp., and HealthEx Courier LLC
Case No. 2:20-CV-00408 (Eastern District of New York)

On January 24, 2020, a former courier filed an overtime lawsuit against HealthEx Corp., and HealthEx Courier LLC (“HealthEx”). The First Amended Complaint alleges that HealthEx misclassified its couriers from around the country as independent contractors and did not pay them an overtime premium when they worked overtime hours. This alleged misclassification resulted in couriers being denied overtime premium pay when they worked overtime hours. Simply requiring a worker to sign an independent contractor agreement does not mean that the worker is not an employee under the law. Because of the level of control HealthEx maintains over the work of its couriers (as opposed to giving the couriers discretion to operate like an independent business) we believe couriers should be classified as employees and not independent contractors.

We reached an agreement with HealthEx that couriers who make a claim for overtime pay will not be required to go to court, but rather, can go through a less formal process called arbitration. We are currently working with HealthEx to get data to calculate the amount of overtime pay potentially owed for those who make a claim, to see if a settlement can be reached.

If you provided courier services for HealthEx anywhere in the United States within the last three years (six years if you worked in New York, and 4 years in California) and are interested in making a claim for unpaid overtime pay, please submit an electronic claim form by clicking Join the Case below.

Nichols Kaster, PLLP is jointly representing couriers with Gregg Shavitz and Michael Palitz of Shavitz Law Group, P.A.

Type of Case

Misclassification

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Am I eligible?

You are eligible to make a claim if you worked for HealthEx as a courier at any time within the past three years (six years if you worked in New York, and 4 years in California) and were not paid an overtime premium for the overtime hours you worked.

Additional Information

Which Locations Are Included?

Couriers who work or worked for HealthEx anywhere in the country delivering pharmaceuticals to HealthEx customers may participate.

How Do I Join?

To make a claim, complete the form under the Join the Case button above. Your claim will be submitted to arbitration if we cannot reach a settlement. Arbitration is a less formal process than court where an arbitrator will decide if you win your claim. We will represent you throughout the claim process.

What Time Frame is Covered?

There is a federal time limit, called a statute of limitations, that allows workers from all states to recover unpaid overtime wages within two years of the worker signing up to make a claim by completing and submitting the form referenced above. If we can prove that HealthEx willfully violated the law, the statute of limitations may be extended to three years. This federal law applies to all workers regardless of state. State law varies (e.g., New York has a 6-year statute of limitations and California’s is 4 years).

Do I Have To Pay Anything?

You do not have to pay anything if you make a claim. We are handling these matters on a contingency basis. This means we will only be paid if we are successful in obtaining relief either through settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.

How Do I Prove I Worked Overtime?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay. If a company did not keep accurate time records, you may estimate your work hours. We will seek any records or data HealthEx has that may reflect hours worked as well.

Is There Money Available Now?

There is no money currently available and there is no guarantee that you will receive money for making a claim. We are starting the process of engaging in settlement discussions with HealthEx to see if we can reach a resolution of each claim.

How Can I Help?

If you know any couriers interested in making a claim for unpaid overtime, please direct them to our clerk, Jacob Skold, at (612) 256-3226 or jskold@nka.com. You can also direct them to this page to sign up electronically. There is strength in numbers.

How Do I Learn More?

To learn more about this case, feel free to contact our clerk, Jacob Skold at (612) 256-3226 or jskold@nka.com.

Case Updates

  • April 14, 2020

    HealthEx Update

    We reached an agreement with HealthEx that couriers who make a claim for overtime pay will not be required to go to court, but rather, can go through a less formal process called arbitration. The court case is stayed while we do that. We are currently working with HealthEx to get data to calculate the amount of overtime pay potentially owed for those who make a claim, to see if a settlement can be reached.

    There is still time for couriers to make a claim for their pay by clicking on the Join The Case button.

  • January 29, 2020

    Nationwide Overtime Case Filed Against HealthEx Corp., and HealthEx Courier, LLC for Pharmaceutical Couriers

    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) 448-0492.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.