SAN DIEGO – A San Diego phlebotomist formerly employed an office in Chula Vista alleges that she was misclassified as an independent contractor.
Maria T. Gonzalez, on behalf of herself and all others similarly situated, filed a complaint on May 24 in the U.S. District Court for the Southern District of California against Examination Management Services Inc., Laboratory Corp. of America Holdings; and Does 1 through 10, inclusive, alleging that the defendants violated the Labor Code and Unfair Competition Law (UCL).
According to the complaint, between June 22, 2016, and Oct. 15, 2016, Gonzalez worked for the defendants but was misclassified as an independent contractor when she should have been an IRS form W-2 employee. The plaintiff alleges she and other similarly situated employees failed to receive the minimum wage, were denied paid time off, vacation pay, payment of insurance premiums and other benefits entitled to as employees due to the misclassification.
The plaintiff alleges the defendants misclassified plaintiff and the class as independent contractors to cut costs and avoid compliance with labor laws, failed to timely pay plaintiff and the class all wages due and owing, including benefits and minimum wage, failed to provide accurate itemized wage statements and failed to keep accurate employment records.
The plaintiff requests a trial by jury and seeks judgment for nominal, actual and compensatory damages; restitution of all monies; pre- and post-judgment interest; and for such other and further relief as the court deems just and proper. She is represented by Alreen Haeggquist and Aaron M. Olsen of Zeldes Haeggquist and Eck LLP in San Diego.
U.S. District Court for the Southern District of California case number 3:17-cv-01077-JLS-JLB