A hospital worker, Robert Volpe, at Staten Island University Hospital filed a wage and hour lawsuit against the facility in May of 2015. The phlebotomist and lab technician working within the hospital’s Dyker Lab Patient Service Center was completing at least 60 hours of work per week for the last 6 years and paid a salary of approximately $65,000. Volpe was never paid overtime but was required to work long hours. Now, not even a year later, the hospital has decided to settle his case individually awarding him $115,000.
Volpe’s lab technician position was categorized as exempt by the hospital and in turn did not receive overtime pay at the rate of 1.5 what his hourly rate should be. His job duties consisted primarily of drawing blood specimens from patients at their homes, performing record keeping and administrative functions in connection with the hospitals processing, and invoicing for payment with regard to such services.The hospital also refused to reimburse Volpe for tolls or mileage in connection with the use of his automobile while performing at-home calls. All of these job duties were encouraged by, instructed, and required by the hospital to have him to work in this manner. In his complaint, Volpe alleged that the Staten Island University Hospital had willfully and intentionally committed widespread violations of the regulations governing off-the-clock time worked and overtime compensation under the Federal Labor Standards Act (FLSA) and the New York Labor Law (NYLL).
Lab technicians and workers of medical diagnostic facilities or hospitals are often incorrectly classified as exempt from receiving the proper overtime rate when working over 40 hours per work week. They are usually offered a salary, or a flat rate per test, and are encouraged to work long hours. Most hospital, labs and diagnostic facility workers have no idea that following positions are likely entitled to overtime: phlebotomists, histotechnicians, x-ray technicians, radiology technicians, patient care technicians, echocardiography technicians and dialysis technicians. If you or a loved one has worked in this field and have questions about their pay, do not hesitate to call an employment lawyer as you could be owed money. The employment lawyers of Fitapelli & Schaffer are committed to fighting for the rights of hardworking employees in the medical diagnostic industry. Please feel free to contact Fitapelli & Schaffer at 212-300-0375 for a free phone consultation or visit our website www.fslawfirm.com for more information.