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A new overtime class action lawsuit has been filed by a California nurse, alleging that healthcare providers consistently deny overtime for nurses in California.
Plaintiff McKenzie E. recently filed a lawsuit against Care Meridan LLC and Mentor Management Inc., alleging that the companies deny overtime for nurses in California. McKenzie argues that this behavior is in violation of the Fair Labor Standards Act (FLSA) and California labor laws which set rules and regulations regarding employment.
In her class action, McKenzie claims that her employers systematically denied overtime for nurses in California. Nurses like McKenzie were allegedly made to work off the clock before and after their scheduled shifts in order to make sure that all patients were properly cared for.
She claims they also were forced to work through their 30-minute breaks which are mandated by labor laws, allegedly due to inadequate staffing by McKenzie’s employers. The complaint also alleges that McKenzie’s employers also rounded down payroll hours, resulting in inaccurate wage statements and denial of overtime.
McKenzie argues that this practice was an attempt by her employers to keep their overhead costs low. By routinely denying nurses overtime, she claims, defendants allegedly prioritized their own profits over the well-being of their nurses and patients.
“Defendant knew or should have known that plaintiff and the other members of the [Class] were under compensated for all overtime worked,” McKenzie claims in her FLSA class action lawsuit. “Defendant systematically elected, either through intentional malfeasance or gross nonfeasance, to not pay employees for their labor as a matter of uniform company policy, practice and procedure, and defendant perpetrated this systematic scheme by refusing to pay plaintiff and the other members of the [Class] for overtime worked.”
McKenzie brings her claims under the FLSA and California labor laws. Both the federal and state laws provide strict regulations on required meal and rest breaks, wage statements, overtime rates, and more. In her suit, McKenzie seeks to represent a Class of California nurses who worked for the defendants who were denied overtime within the last four years.
This denial of overtime for nurses in California may be an industry wide problem. Dedicated nurses may be being taken advantage of in violation of California labor laws. However, these workers are entitled to overtime and proper employment practices. Nurses who feel like they are subject to unfair policies and unlawful working conditions may be eligible to file a lawsuit or class action lawsuit against their employers. An experienced attorney can evaluate individual cases to determine eligibility for legal action.
If your employer is denying overtime for nurses in California, you may be eligible to file a FLSA lawsuit. Speaking to a qualified attorney can help you determine your eligibility for a potential FLSA lawsuit. An FLSA lawsuit or class action lawsuit could help recover compensation for lost wages including interest, punitive damages, and more.
The Nursing Overtime Class Action Lawsuit is Case No. 17CECG03048 in Superior Court of the State of California in and for the County of Fresno.
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If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.
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