Our experienced unpaid Overtime Lawyers filed a collective and class action lawsuit against Quantum Health, Inc. (“Quantum Health”), for failing to compensate its customer service employees for all overtime hours worked.
On January 25, 2022, the law firm of Coffman Legal, LLC filed a Collective and Class Action Complaint against Defendant Quantum Health on behalf of hourly customer service employees for the alleged failure of Quantum Health to compensate its hourly employees for all overtime wages earned in violation of the Fair Labor Standard Act (“FLSA”). Customer service employees include those working as care coordinators, customer service agents, customer service representatives/associates, patient service representatives, etc.
The Complaint alleges that Quantum Health requires its customer service employees to perform uncompensated work prior to the scheduled start of their shifts so that they are “Ready” to receive or make calls at their scheduled shift start time. The Complaint alleges that Quantum Health does not compensate employees for the computer bootup process. The US Department of Labor has a fact sheet which specifically relates to call centers and other workers like Quantum Health’s customer service employees. The fact sheet includes within the description of hours worked as:
“all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.”
In addition to the unpaid bootup work performed at the beginning of the employees’ shifts, the Complaint alleges that employees are not fully paid because: (1) they have shortened meal breaks to return to work to ensure they are booted back up; and (2) they do not get paid for the shutdown process at the end of their workday.
The FLSA requires an employer to pay employees for their work suffered or permitted, including work performed outside of their scheduled shifts. Further, the FLSA provides that employees should be completely relieved of any work responsibilities during bona fide meal periods.
This lawsuit provides an example of various ways in which an employer like Quantum Health may underpay its employees in several ways that allegedly violate the FLSA. This unpaid overtime adds up over the course of weeks and years. The FLSA sets forth the minimum compensation employees must be paid, and non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA.
The lawsuit seeks unpaid overtime wages since January 25, 2019, liquidated damages in an amount equal to the unpaid overtime, attorney’s fees, and costs, among other things. The lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division (Columbus), and is titled Tracy v. Quantum Health, Inc.; Case No. 2:22-cv-294.
Additional information about the unpaid overtime collective and class action against Quantum Health may be found by contacting our office by calling 1-888-619-2729 or emailing firstname.lastname@example.org. If you have any questions about whether you are being properly paid for all of the compensable hours you work, then contact our office today to speak with our experienced overtime attorneys regarding any wage and hour issues, including unpaid overtime.