New York COVID-19 Testing Lab Hit with FLSA Class Action

Six former female employees have sued the company and its leaders for underpayment, failure to keep records, and retaliation. The plaintiffs claim that despite working more than 40 hours per week, they were never paid for their overtime in violation of state and federal law.

Monday’s complaint names Clear19 Diagnostics LLC, Clear19 Rapid Testing LLC, and ClearMD LLC (collectively Clear), entities that reportedly functioned as one operation and offered Covid-19 testing services. The complaint explains the plaintiffs worked as “medical assistants” primarily at Clear’s testing location in central Manhattan from tenures ranging  between several months and more than a year from 2020 to 2021.

The complaint details several of the plaintiffs’ work schedules and communications with their employer about overtime pay. It explains that in addition to scheduled shifts, some plaintiffs worked one or two additional hours per day, were not given uninterrupted breaks or meal periods, were not given accurate wage statements, and were brushed off when they raised concerns about overtime pay.

The plaintiffs seek to certify a Fair Labor Standards Act of 1938 (FLSA) class that will pursue minimum wage, overtime compensation, and liquidated damages claims. The lawsuit states several other causes of action for violations of the New York Labor Law (NYLL) and the overtime wage orders of the New York Commissioner of Labor. Two causes of action claim retaliation under the FLSA and NYLL, citing one plaintiff’s efforts to rectify the purported underpayment and her subsequent termination, reportedly in retaliation for engaging in a protected activity.

The complaint seeks declaratory and monetary relief, including liquidated damages, interest, and the plaintiffs’ litigation fees and costs. The former employees and putative class are represented by Daniel Tannenbaum, Esq.