Lawsuit Claims LabCorp Service Reps Owed Unpaid Wages for Off-the-Clock Work

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LabCorp Diagnostics has failed to pay service representatives for every hour worked, according to a proposed collective action.

The 12-page case out of North Carolina claims defendant Laboratory Corporation of America Holdings has required hourly paid service representatives/couriers to put in significant off-the-clock work before and after their shifts and during lunch breaks without pay. Per the suit, the company owes workers unpaid minimum and overtime wages in accordance with the Fair Labor Standards Act.

The plaintiff says she worked for LabCorp as a service representative in Fayetteville, North Carolina between August 2017 and August 2018 and was responsible for transporting medical specimens, lab supplies and reports to and from LabCorp Patient Service Centers, doctor’s offices and other medical facilities. Although the plaintiff was regularly scheduled to work from 11:00 AM to 7:30 PM five days per week, the woman put in significant overtime to perform pre-shift duties, work through lunch breaks and maintain LabCorp’s vehicle without being paid for this extra work time, the case alleges.

“Defendant was aware that Plaintiff and other [service representatives] worked unpaid hours and worked more than 40 hours per workweek, yet Defendant failed to pay them overtime compensation for all overtime hours worked,” the complaint claims.

According to the lawsuit, LabCorp requires workers to clock out for a 30-minute meal period during each shift. Due to their “heavy workload requirements and demanding route schedules,” however, employees have often worked through most of their lunch breaks without compensation, the case alleges.

Moreover, workers perform significant amounts of pre-shift work, including making specimen collection boxes, obtaining ice and checking their schedules, for which they received no wages, the suit attests. The case claims employees arrive 15 minutes prior to each shift to perform these work-related tasks yet are not permitted to clock in until their shift start time.

The lawsuit further alleges service representatives are provided with vehicles to perform their duties but have to handle maintenance, such as oil changes, on their off days or when they are not on the clock.

“LabCorp does not pay them for such time worked,” the lawsuit charges.

Per the case, LabCorp was well aware of yet “recklessly disregarded” its obligation to ensure workers are paid for every hour worked. The suit says the defendant’s conduct has been “widespread, repeated, and consistent” across all of its locations.

The complaint notes that the plaintiff and other individuals who’ve worked for LabCorp outside of New York were dismissed from a similar case filed against the company. The current suit looks to represent anyone who worked as a service representative at any LabCorp location in the U.S., excluding California and New York, within the past three years and until the date of judgment in this action.

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