MILWAUKEE — A quality assurance worker for Verona, Wisconsin-based Epic Systems recent hit her employer with an unpaid overtime class action lawsuit alleging that the company intentionally misclassified her and other workers as overtime exempt. The latest suit is just the latest in a series of similar suits alleging the medical software company failed to properly compensate hourly employees under federal and state overtime wage laws.
The suit, filed in U.S. District Court Western District of Wisconsin, claims the plaintiff and others were improperly classified as performing duties similar to programmers and software engineers, which generally do not receive overtime. The plaintiffs’ duties amounted to simulating user experiences and providing feedback about potential user-interface issues.
Attorneys for the plaintiff claim the job did not require extensive training or education in IT or computer systems and Epic should not have classified these workers in the same league as seasoned computer programmers. In 2014, Epic Systems faced a similar class action overtime pay lawsuit which it settled for $5.4 million.
Quality assurance employees routinely worked more than 40 hours per week to fulfill their job duties but were denied overtime, according to the suit. The potential class includes any other quality assurance employee working for the company from December 2, 2014 to the present.
Defendant Settled Similar Lawsuits in 2014
Currently, Epic Systems faces two other overtime lawsuits by technical writers claiming they too were misclassified as overtime exempt and owed back wages. In June 2016, a federal Court of Appeals handed workers in one of those cases a major victory, essentially negating the arbitration clauses the defendant required all workers to sign as a condition of their continued employment.
By striking down the arbitration clauses, the Appeals Court judge opened the door for this latest class action overtime lawsuit as many potential plaintiffs in this suit were banned from pursuing claims similar to the 2014 settlement with other quality assurance workers. According to the suit, as many as 1,000 could join this latest action though the judge overseeing the case has not certified the claim as a class action.
Healthcare IT Worker Overtime Pay Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.