PHILADELPHIA - Biotelemetry Inc.'s motion for dismissal of a lawsuit alleging violation of the Pennsylvania Minimum Wage Act was granted July 31 by the U.S. District Court for the Eastern District of Pennsylvania.
Although former remote technician William Matthews also alleged that Biotelemtry violated the Fair Labor Standards Act, the company only asked the court to dismiss the PMWA violation claim.
Matthews said in his lawsuit that Biotelemtry failed to pay overtime for him and other remote technicians who worked more than 40 hours per week.
The opinion said it was typical for Matthews to work more than 47.5 hours a week plus occasional weekends.
U.S. District Judge Michael Baylson University of Pennsylvania Law Faculty
However, Biotelemtry said in its motion to dismiss that remote technicians like Matthews are independent contractors and were not eligible to receive or owed overtime. Even if Matthews could be classified as employee, the company said his argument would fall short because he was not based in Pennsylvania.
The court said Matthews argued that his professional services agreement and business associate agreement with Biotelemtry give him the grounds to sue the company under the PMWA.
Agreeing with Biotelemetry, the court said Matthews would have had to prove he was actually based in Pennsylvania for the regulations under PMWA to apply to him and he was unable to do so
The court said Matthews may file an amended complaint if he can provide further proof that he was based in Pennsylvania.
U.S. District Judge Michael Baylson wrote the opinion.