A California woman has filed a lawsuit against The Permanente Medical Group, her former employer, alleging that the company regularly violates the California Labor Code by failing to provide employees with meal and rest breaks, as well as overtime pay.
CA Woman Files California Overtime Lawsuit Against Former Employer
The plaintiff filed her California overtime lawsuit against The Permanente Medical Group on Dec. 6, 2019. According to the plaintiff, she was employed by the company as a non-exempt employee between March 2018 and June 2019. Her job compensation was a combination of hourly pay and additional non-discretionary incentive wages.
As a non-exempt employee, the plaintiff was also entitled to overtime pay for any hours she worked in excess of 40 hours a week. However, she claims that The Permanente Medical Group failed to pay her and other employees overtime pay and denied them regular lunch and rest breaks.
Under California law, employees who work more than 40 hours a week are entitled to overtime pay at a rate of one and a half times their regular pay for any additional hours worked. However, according to the plaintiff, the company regularly required her and other workers to perform job duties while clocked out of the company’s timekeeping system.
The plaintiff additionally claims that she was frequently required to work through her meal or rest breaks and was unable to take these breaks as the law entitled her to. Lastly, the plaintiff claims that her paychecks were inaccurate, and did not include itemized wage statements listing her hours worked and rates of pay. The lack of detail on her wage statements made it difficult to determine how her rates of pay were calculated.
In addition to the California Labor Code violations she claims to have suffered, the plaintiff also alleges that she was subject to a stressful work environment caused by mistreatment from her superiors.
The plaintiff says she began working for The Permanente Medical Group in March of 2018. After she had worked there for almost a year, she claims she began to experience ongoing work pressures including mistreatment. This alleged mistreatment culminated in an incident on March 27, 2019, where the plaintiff claims that a manager grabbed her arm and caused her to experience an injury that limited her range of motion. Following the injury, she was placed on administrative leave from her job, and her employment was terminated in July 2019.
About California Overtime Violations and Laws
Workers in the U.S. are covered by a law called the Fair Labor Standards Act, which provides regulations for rest breaks, employee wages, overtime, and lunch breaks. Under the Fair Labor Standards Act, employees who are non-exempt are entitled to overtime pay for all hours worked over 40 hours in a workweek. This overtime pay should be paid at a rate of at least one a half times the employee’s regular rate of pay. Additionally, most employees are also entitled to two rest breaks and a meal break for a regular eight-hour shift.
If your employer has failed to pay you overtime wages or denied you meal or rest breaks, you may be able to hire a qualified attorney and file a class action lawsuit against your employer. Arbitration used to be mandatory, but no longer. Victims who pursue litigation may be able to recover reimbursement and additional compensation.
The California Overtime Violations Lawsuit is Case No: RG19045904, filed in the Superior Court of the State of California and for the County of Alameda.
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