Gomez v. Lincare, Inc.

Opinion

FYBEL, J.

Introduction

Defendant Lineare, Inc. (Lineare), provides respiratory services and medical equipment setup to patients in their homes. Plaintiffs Jose Gomez, Daniel Gutierrez, and Donny Talbot (collectively, plaintiffs) were service representatives for Lineare. Their job duties included driving vans containing liquid oxygen and compressed oxygen, which are defined by the federal government as hazardous materials. In addition to their regular, eight-hour workdays, plaintiffs regularly worked on call in the evenings and on weekends.

Plaintiffs sued Lineare to recover unpaid…