Hologic Workers Win Initial Cert. In Overtime Action

Law360, New York (August 26, 2011, 1:24 PM EDT) -- A California federal judge on Wednesday conditionally certified a class of clinical education specialists in Hologic Inc.'s Interventional Breast Solutions division claiming the medical device supplier misclassified them as exempt from overtime pay requirements.

U.S. District Judge Phyllis J. Hamilton partially granted the plaintiffs' motion for conditional class certification, initially certifying an opt-in class of individuals who worked in the company's breast health division as clinical education specialists from July 2008 to August 2011.

The suit, lodged in January, asserts that the company misclassified its in-servicing trainers — who instruct customers on the proper use of Hologic products — as exempt...

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