San Francisco Wage Lawsuit Filed by Allegedly Misclassified Nurse

A San Francisco wage lawsuit has been filed by a woman who works as a staff nurse in San Francisco jails. As stated in the San Francisco wage lawsuit, she is employed by the city and county of San Francisco. Staff nurses in a similar position work at least 20 hours per week on a regular basis.

Nurse Alleges Misclassification in San Francisco Wage Lawsuit

The San Francisco wage lawsuit says that the employer regularly encouraged staff nurses to accept voluntary overtime in violation of laws. The city and county also employ per diem nurses. Per diem nurses are used to fill in for regular staff nurses and employed on an irregular basis.

According to the plaintiff, the request to work voluntary overtime came with the defendant classifying those workers as per diem nurses and at the per diem nurse rate. However, the defendant allegedly did not pay overtime premiums for this work when it exceeded limits established by the Fair Labor Standards Act, according to the San Francisco wage lawsuit.

The San Francisco wage lawsuit argues that the defendants were responsible for purposely reclassifying staff nurses as per diem nurses during voluntary overtime hours to avoid payment of appropriate overtime wages. The San Francisco wage lawsuit was filed on behalf of all individuals who were or are employed by the county and city of San Francisco as an anesthetist, nurse midwife, clinical nurse specialist, registered nurse, per diem registered nurse, nurse practitioner, public health nurse or operating room nurse.

The class action San Francisco wage lawsuit alleges that the city and county are responsible for violating the Fair Labor Standards Act in their misclassification of nurses to be paid at the per diem rate. The San Francisco wage lawsuit says that the plaintiff as well as the Class she intends to represent were paid hourly and were not exempted from the right to receive overtime pay under the Fair Labor Standards Act.

Employers covered by the Fair Labor Standards Act are required to compensate any nonexempt employee at a rate of no less than one and a half times the regular rate pay for any work that is performed in excess of 40 hours in a given work week. California labor law creates even more employee-friendly requirements, such as payment at the overtime rate for hours worked in excess of eight in a day.

The defendant allegedly scheduled the proposed Class Members of the San Francisco wage lawsuit to work eight-hour regular shifts or in a flex-time program that allowed them to work more or less than eight hours. Those employees sign an agreement that they knew they were exempted from FLSA overtime rules.

Federal, as well as some state laws, prohibit employers from creating or implementing practices that purposely misclassify workers or deny them due overtime and other wages. In some cases, the only recourse available is a legal action filed by the worker.

If you believe you’ve been subjected to illegal wage practices under California law, you may qualify to join a California employment law class action investigation and receive a free legal case review.

The San Francisco Wage Lawsuit is Case No. 3:18-CV-01494 in the United States District Court in the Northern District of California.

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