Fitapelli & Schaffer, LLP filed a class action lawsuit against EXOS Human Capital, LLC and MediFit Community Services LLC (“EXOS”). The lawsuit claims that EXOS violated the New York Labor Law (“NYLL”) by failing to pay hourly workers their wages on time as required by law. Specifically, the lawsuit alleges that EXOS paid manual workers on a bi-monthly basis instead of weekly, depriving them of timely wages.
Affected workers may include all current and former hourly workers who worked for EXOS in New York since September 23, 2017, including health fitness specialists, fitness associates, and similarly situated hourly positions. The lawsuit seeks to recover damages for untimely wage payments, liquidated damages, and other relief due to EXOS's alleged violations of wage laws.
Why does it matter that EXOS paid workers bi-monthly?
New York law requires manual workers to be paid weekly. Fitness staff whose duties are largely physical, such as health fitness specialists and fitness associates, may qualify as manual workers, making a bi-monthly pay schedule a violation that can entitle them to liquidated damages.
Who might be covered by this case?
Current and former hourly workers, including health fitness specialists and fitness associates, who worked for EXOS Human Capital or MediFit Community Services in New York since September 23, 2017.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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