Allegedly Misclassified Employees Sue ZocDoc Seeking Unpaid Overtime

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In a proposed class and collective action against ZocDoc, Inc., two former employees claim the company owes unpaid wages to call center employees wrongly considered exempt from overtime pay. According to the complaint, inside sales representatives such as the plaintiffs were responsible for selling the defendant’s scheduling software to the healthcare industry and were paid a yearly salary plus commissions. The plaintiffs claim that, due to their exempt status, they worked approximately 60 hours per week without receiving any wages for the hours they worked over 40.

On October 5, 2015, the defendant reportedly reclassified its inside sales positions as non-exempt and began paying the workers proper time-and-a-half overtime wages. The suit claims, however, that the plaintiffs and others are still owed time-and-a-half wages for the overtime they accrued before this date, estimated to be at least 20 hours per week.

The complaint cites a similar case, Chambers v. ZocDoc, Inc., Case No. 16 Civ. 3382, that settled “identical collective action claims” against ZocDoc but notes that the plaintiffs in the action detailed on this page did not opt into the settlement.