Radiology Group Sued for Failing to Pay Technicians Overtime

A New York radiology group is being sued by two former ultrasound technicians because they failed to pay them overtime, failed to pay them for all hours actually worked and failed to provide proper notifications and information pertaining to their pay.  They seek class certification  to include other technicians currently or previously employed by the group.

Diagnostic Imaging Group operates several radiology clinics in the New York area. Radmila Gavrilova worked for DIG as an ultrasound technician from 2007 until 2017. Elena Brodsky, also an ultrasound technician, worked for DIG from March 2010 until February 2012 and then again for about a month in late 2016.  Rad Net, Inc. acquired DIG’s operations, retaining DIG’s employees and business practices, some time in 2017, according to the complaint.

Both Gavrilova and Brodsky claim DIG and Rad Net failed to pay them overtime for weeks in which they worked more than forty hours.  They also claim that they were often so busy that worked through their lunch breaks, but the groups still deducted a half hour from their pay every workday, whether they took the breaks or not. After speaking to co-workers they discovered others were reaching the same treatment.

Gavrilova claims that after returning from extended medical leave, she was not paid for the first two and a half weeks back.  Brodsky claims that she was not paid at all for the one month she worked in 2016.

DIG and Rad Net also failed to “keep, make, preserve, maintain and furnish accurate records of time worked by” their employees, according to the complaint.  They also failed to provide employees with proper annual wage notices as required by New York law.  Nor did they supply employees with “accurate statement of wages with every payment of wages.”

The suit was filed in the Eastern District of New York by Troy Kessler of Melville, New York.  It seeks class action status to include all those who “presently, or have at any time during the 3 years immediately preceding the filing of this suit” worked for DIG and Rad Net.

DIG did not return a call requesting comment.

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