Sarah Mirando  |  March 2, 2012

Category: Labor & Employment

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Kaiser Case Manager Overtime Class Action Lawsuit

By Matt O’Donnell

 

Kaiser Kaiser Foundation Health Plan, Inc. has been hit with a class action lawsuit seeking unpaid overtime for case managers and coordinators employed in California within the past four years.

According to the Kaiser overtime class action lawsuit, Kaiser required these employees to work without compensation, and to work over eight hours per day and/or 40 hours per week without straight or overtime pay. The class action lawsuit also claims they were required to work without taking meal and/or rest break periods as required by law.

The Kaiser overtime class action lawsuit is brought on behalf of three proposed Classes of current and former employees of Kaiser in the State of California who hold or held non-exempt positions: “senior case managers” (Class A), “case managers” (Class B), and “case coordinators” (Class C).

The class action lawsuit claims Kaiser failed to pay members of these proposed classes overtime of one-and-a-half times their regular rate of pay, or any other additional compensation at all, for the hours they have worked in excess of 8 hours per day or 40 hours per week, as required by the California Labor Code.

Plaintiffs in the class action lawsuit claim they were instructed and/or encouraged by Kaiser to log in only for their scheduled hours each day, even if they had to spend more hours each day in order to complete their work. They also claim they were forced to work more than their scheduled number of hours, because they were delayed in completing their work pending approvals from upper level management.

The Plaintiffs claim they were regularly required to work “off the clock” because the work load and mandatory delays forced them to begin work before they logged in and/or forced them to continue working after they had logged out. They also claim their time was regularly reduced down by Kaiser.

 
The potential class action lawsuit is seeking damages, restitution and injunctive relief for failure to pay wages, failure to pay overtime compensation, failure to provide meal and rest periods, failure to timely pay wages, failure to itemize pay statements, and unfair competition.
 
A copy of the Kaiser Case Manager Overtime Class Action Lawsuit can be read here.
 
The case is Darryl Holt, et al. v. Kaiser Foundation Health Plan, Inc., Case No. 12618562, Superior Court of the State of California, County of Alameda.

 

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Updated March 2nd, 2012

 

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