Missouri Labor and Employment Lawyer
Missouri Labor and Employment Attorney Attorney Profiles Attorney Referrals Resources Contact our Law Firm
Labor and Employment Law Practice Areas
Wage and Hour Law
Employment Law
Labor Law
Administrative Law & Licensing
Business Litigation & Consulting
Contract Law
Construction Law
Contact Us
2726 S. Brentwood Blvd. St. Louis MO 63144

Northern District Of Illinois Grants Conditional Certification In Nationwide FLSA Wage And Hour Lawsuit Against Transcend Services, Inc.

The Northern District of Illinois issued a decision conditionally certifying a nationwide FLSA class action consisting of medical transcriptionists in Cosentino v. Transcend Services, Inc., Case No. 1:12-cv-03627 (N.D. Ill. March 19, 2013). (See attached). There is a now pending 90 day opt-in period for class members to join the lawsuit by executing an Opt-in Consent Form. (See attached). Notice of this lawsuit has been sent to potential class members by U.S. Mail. (See attached).

In this collective action brought under the Fair Labor Standards Act ("FLSA"), Plaintiffs are medical transcriptionists, or Medical Language Specialists ("MLS"), who work from home transcribing and editing medical reports. Plaintiffs transcribe and edit downloaded medical reports. Plaintiffs allege Transcend instituted a uniform policy and practice which failed to compensate them for all work performed, and thereby did not guarantee them minimum wage or overtime compensation.

The court conditionally determined that MLSs were similarly situated because 1) Plaintiffs alleged they were subject to similar production-based compensation structure; 2) Plaintiffs were all held to uniform performance, quality, and accuracy standards; 3) Plaintiffs were subject to uniform production quotas; 4) Plaintiffs were required to keep their time recorded on a similar program; 5) Plaintiffs were instructed to enter "hands on keyboard" time as their work time, which excluded preparation or research time from consideration as work time; 6) Plaintiffs were subject to the uniform policy of "flexing" their work time and either working or remaining available to work at times during which they were not scheduled in order to meet their production quotas.

Defendant Transcend argued that its policies and practices did not violate the FLSA, and that a collective action was not appropriate due to the inherent difficulty of computing damages .

If you have any questions or concerns regarding the lawsuit, contact the Law Offices of Kevin J. Dolley, LLC directly.

Categories: Wage and Hour

Attorney Web Design

The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this St. Louis Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.
Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.