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Employment Law
Wage and Hour
Failure to Provide Accurate Wage Statements

Maria T. Gonzalez, on behalf herself and of all others similarly situated v. Examination Management Services Inc.; Laboratory Corporation of America Holdings; Soko United Corp.; and Does 1 through 10, inclusive

Published: Jun. 21, 2019 | Result Date: Apr. 30, 2019 | Filing Date: May 24, 2017 |

Case number: 3:17-cv-01077 JLS (JLB) Settlement –  $700,000

Judge

Janis L. Sammartino

Court

USDC Southern District of California


Attorneys

Plaintiff

Aaron M. Olsen
(Haeggquist & Eck LLP)

Alreen Haeggquist
(Haeggquist & Eck LLP)


Defendant

Richard S. Krumholz
(Norton Rose Fulbright US LLP) for Examination Management Services

John R. Herring
(Norton Rose Fulbright US LLP) for Examination Management Services

Robert M. Dawson
for Examination Management Services

Kimberly C. Carter
(Kelley, Drye & Warren LLP) for Laboratory Corporation of America Holdings

Uliana A. Kozeychuk
(Littler Mendelson PC) for Soko United Corp.


Facts

Maria Gonzalez, a phlebotomist, filed a class action lawsuit against LabCorp, Examination Management Services Inc., and Soko United Corp. in relation to her classification as an independent contractor.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants misclassified them as independent contractors instead of employees. Plaintiffs asserted causes of action for failure to pay minimum wage, failure to provide accurate wage statements, and failure to provide timely payment of all wages upon discharge.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The parties reached a settlement agreement in the amount of $700,000. Examination Management Services agreed to pay $410,000, Soko agreed to pay $150,000 and LabCorp agreed to pay $140,000.


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