Lawsuit: Image Stream Medical Deprived Engineers of OT Pay in ‘Salary Scheme’

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Image Stream Medical, Inc. is the defendant in proposed collective action in which a former employee claims he was deprived of overtime wages due to a position-wide misclassification.

The defendant is a Massachusetts-based, multi-million-dollar corporation that sells medical equipment and conducts business across the United States, the suit says. According to the case, the plaintiff worked for the company as a field service engineer in Texas, Arkansas, Louisiana and New Mexico from November 2016 to August 2018. 

Field service engineers, the complaint says, were classified as exempt from overtime pay by the company until October 2017, after which all workers in the position were reclassified as non-exempt employees. According to the case, the defendant made no attempt to make amends for unpaid overtime wages accumulated prior to October 2017. 

“[A]lthough Image Stream began paying all its Field Service Engineers overtime on a forward going basis,” the suit reads, “it offered them nothing for past overtime worked.”

The plaintiff alleges that prior to the company-wide reclassification of field service engineers, he received a fixed bi-weekly salary that did not increase depending on the number of hours he put in. The suit seeks to recover allegedly unpaid overtime for the time period prior to the reclassification and notes that “[o]ther employers in this industry have been paying overtime to workers like the Field Service Engineers for many years.”