Wage Hour Class Actions Challenge Quest Diagnostics

May 1, 2018

Mobile medical examiners for Quest Diagnostics were granted conditional certification of a nationwide collective action challenging the pay practices of the medical testing company. Finding that the affidavits of the medical examiners detailed similar experiences of being paid only per-appointment, but that they were required to perform considerable work to prepare for and close-out those appointments, a federal district court in New York concluded that the putative collective
members sufficiently alleged they were victims of a common policy ( Vecchio v. Quest Diagnostics Inc., April 30, 2018, Ramos, E.).

Paul B. Maslo, counsel for the plaintiff, observed that: This ruling is significant because it allows medical examiners across the country—including both independent contractors and employees—to band together to challenge Quest’s employment practices.

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