On April 29, 2016, a former consultant filed a proposed collective action lawsuit in Texas federal court seeking overtime wages from Viva Life, LLC d/b/a Sona MedSpa, LLC ("Sona MedSpa"). She brought the case on behalf of herself and all other individuals in similar job positions nationwide who were paid a salary plus commissions with no additional overtime premium. The lawsuit alleges that Sona MedSpa misclassified its consultants as exempt from the Fair Labor Standards Act's requirements, and as a result, failed to pay them overtime wages when they worked more than forty (40) hours in a workweek. The lawsuit seeks overtime premiums, plus double damages.
Sona MedSpa is a medical-aesthetics clinic that offers services such as prescription-based facial rejuvenation procedures, skin resurfacing, and body contouring. According to its website, Sona MedSpa is a "leader in the medical spa arena and is a national leader in treatments performed." It operates 20 clinics in six states throughout the country.
Plaintiff's attorney Brittany Bachman stated, "Sona MedSpa demanded these employees work long hours. By misclassifying them as exempt employees, Sona MedSpa avoided paying overtime premiums and providing their employees with other protections they should have received. Through this lawsuit, we seek to get them paid the overtime premiums provided by law."
The Plaintiffs in the case are represented by Paul J. Lukas and Brittany Bachman from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California.
This case is entitled, Stacks v. Viva Life, LLC d/b/a Sona MedSpa International, Inc., Court File No. 4:16-cv-01179 (Southern District of Texas).