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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 Complaint alleges that HealthEx misclassified its couriers as independent contractors and did not pay them an overtime premium when they worked overtime hours. 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.

Nichols Kaster, PLLP is jointly representing the plaintiffs 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 in this case if you worked for HealthEx as a delivery driver or courier at any time within the past three years and were not paid an overtime premium for the overtime hours you worked.

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential collective action under federal law and a potential class action under Ohio state law. This means that, depending on the type of claim you have there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Though the process and terminology may differ slightly, the idea behind both class and collective actions is the same: it allows one of more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all delivery drivers and/or couriers who work or have worked for HealthEx delivering pharmaceuticals to HealthEx customers within the past three years.

How Do I Join This Case?

Federal law under the FLSA requires employers to pay overtime after 40 hours in a workweek. In order to make a claim in this case for your unpaid overtime under the federal Fair Labor Standards Act, you must complete a consent form and return it to our office. You can sign up online by clicking here.

Ohio state law requires employers to pay overtime after 40 hours in a workweek. If the Court certifies this case as a class action under Ohio state law, all delivery drivers and couriers who worked in Ohio over 40 hours per week within the past three years will be automatically included, unless they choose to opt-out.

What Time Frame Does This Case Cover?

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 join the lawsuit by completing and returning the consent form referenced above. If we can prove that HealthEx willfully violated the law, the statute of limitations may be extended to three years. The statute of limitations for Ohio state law claims is two years.

Do I Have To Pay Anything?

You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is 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, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records HealthEx may have of your hours worked as well.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Jacob Skold at (612) 256-3226 or jskold@nka.com.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

How Can I Help?

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

How Do I Learn More?

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

Case Updates

  • 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.

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