CardioNet Hit with Unpaid Overtime Lawsuit Alleging Worker Misclassification

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BioTelemetry, Inc., which does business as CardioNet, is facing a proposed collective and class action in which the plaintiff claims the healthcare monitoring and research company does not pay its remote Holter technicians proper overtime wages because it misclassifies the workers as independent contractors. The plaintiff, who supervised both in-person and remote Holter technicians from 2012 to 2017, claims in-person techs were properly classified by the defendant as hourly employees entitled to time-and-a-half overtime pay. Remote techs, however, were classified as independent contractors and paid on a piece-rate basis, the plaintiff says. 

The plaintiff transitioned to the position of remote Holter technician in February 2017, the case says, pointing out that remote and in-person Holter techs, tasked with scanning and analyzing Holter heart monitor reports, have “effectively the same job duties, responsibilities, and conditions of employment.” The complaint states the plaintiff, during an average workweek, put in roughly 47.5 hours, and in one week worked as many as 74 hours, without overtime compensation, instead receiving only his piece-rate per completed job.