Field Service Worker Represented by Nichols Kaster, PLLP Challenges Lumenis' Decision to Deny Overtime Pay

    SAN FRANCISCO, CA, July 10, 2015 /24-7PressRelease/ -- On Monday, July 8, 2015, a customer service engineer filed a Fair Labor Standards Act Complaint in federal court against Lumenis, Inc.

The named Plaintiff was employed by the company for several years prior to filing the collective action lawsuit. He filed his FLSA claims on behalf of himself and other "similarly situated" employees, which includes "customer service engineers," "field service engineers," and other titles performing similar duties. The Complaint alleges that Lumenis willfully denied its field service employees overtime pay by improperly classifying them as exempt from the FLSA's overtime protections. The Complaint alleges that in this position, the named Plaintiff and those similarly situated actually performed non-exempt work: installing, repairing, troubleshooting, servicing, and maintaining testing devices and equipment manufactured by Lumenis. The named Plaintiff was paid a salary plus commissions and received no overtime compensation for the many overtime hours he worked.

Lumenis is a company with its U.S. corporate headquarters located in San Jose, California. It is a global leader in the field of minimally-invasive clinical solutions for the surgical, ophthalmology and aesthetic markets, and is a world-renowned expert in developing and commercializing innovative energy-based technologies, including Laser, Intense Pulsed Light (IPL) and Radio-Frequency (RF). Lumenis employs field service workers throughout the U.S.

Daniel S. Brome, who represents the Plaintiff stated, "The Department of Labor has had a long-standing position that employees that perform work which consists of installation, diagnosis and repair of equipment, like Lumenis' customer service engineers, are not exempt from federal overtime protections. Our lawsuit seeks to recover the overtime pay that we allege Lumenis has unfairly denied to its employees who do this type of work."

Plaintiff is represented by Daniel S. Brome and Matthew C. Helland from Nichols Kaster, LLP in San Francisco, California. The case was filed in federal court in the Northern District of California and is titled Ballard v. Lumenis, Inc., Court File No. 5:15-cv-3164.

Additional information may be found here www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Nichols Kaster is a nationally recognized plaintiffs' firm that focuses on representing employees and consumers whose rights have been violated. The firm was selected as a member of the National Law Journal's Litigation Boutiques Hot List, ranked as a Best Law Firm by U.S. News & World Report, selected as a top plaintiffs' employment law firm by Law360 and named one of the top 50 Elite Trial Lawyers by The National Law Journal and Law.com.

The firm is led by its partners, who are regularly selected by their peers as Super Lawyers, and sit on the boards of numerous professional organizations, including the National Association of Employment Lawyers, the ABA Fair Labor Standards Legislation Committee and the Council for the Minnesota State Bar Association's Consumer Litigation Section.

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