In-vitro services company facing time and attendance lawsuit

A company specializing in necessary products used during in-vitro procedures is being taken to court by a former employee over allegations of unpaid overtime, a violation of time and attendance policies outlined under the Fair Labor Standards Act. According to a recent press release, the class-action lawsuit was filed in the Northern District of Georgia by Minneapolis-based law firm Nichols Kaster.

The suit alleges the plaintiff, who worked as a field service engineer for the company, along with other employees working in the same job function, as well as those employed as instrument and lab application specialists, were paid a salary and made to work overtime. However, the individuals were not compensated for the additional hours due to purposeful employee misclassification on the part of the company.

Under FLSA guidelines, salaried employees performing job duties under exempt status are ineligible for overtime pay. These job functions are defined as relating to outside sales, professional, administrative, computer and executive.

However, the individual named in the suit maintains that the job functions performed actually should have been classified as non-exempt work, resulting in an eligibility to receive overtime pay for any hours worked over eight in a standard day and 40 in a week.

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