Sarah Mirando  |  June 11, 2012

Category: Labor & Employment

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Kaiser HealthConnect Specialist Overtime Class Action Lawsuit

By Matt O’Donnell

 

Kaiser HospitalsA wage and labor class action lawsuit filed in California Superior Court claims Kaiser stiffed its “Site Support Specialists” out of overtime pay.

According to the class action lawsuit, Kaiser hired a number of employees to support its new HealthConnect system, an advanced electronic health system implemented in approximately 450 medical offices and over 36 hospitals.

Plaintiff Jozette Lemmons claims she was hired as a “Site Support Specialist” for HealthConnect in April 2006 and, upon hire, Kaiser initially classified her as a salaried employee exempt from overtime wages.

“However, in December of 2008, Kaiser reclassified the Plaintiff as a non-exempt employee paid on an hourly basis. Thus, from December 2008 to the filing of this complaint, Plaintiff has been classified by Kaiser as a non-exempt employee paid on an hourly basis and entitled to overtime wages,” the Kaiser overtime class action lawsuit states.

Lemmons says Kaiser expected its Site Support Specialists to remain on “stand-by” or “on-call” every 15 weeks for an entire night, every night of the week, for one entire week, without additional compensation. Further, the Site Support Specialists are required to remain on-call from 5 p.m. on Sunday evening until 5 a.m. Monday morning, when they report to the employer’s work site for their “regular” workday, the class action lawsuit says.

Despite this, Kaiser fails to accurately record the hours these employees work during their on-call shifts, and as a result, these employees are “uniformly underpaid for overtime work and therefore do not receive all of the overtime compensation to which they are entitled by law,” the overtime class action lawsuit states.

The class action lawsuit is brought on behalf of all Kaiser non-exempt employees employed as Site Support Specialists in California and who worked on-call hours at any time since October 6, 2008.
 
It is seeking class certification, back pay of unpaid overtime, disgorgement of profits, and more.

A copy of the Kaiser Site Support Specialist Unpaid Overtime Class Action Lawsuit can be read here.

The case is Jozette Lemmons v. Kaiser Foundation Hospitals, Inc., Case No. 34-2012-00125488, Superior Court of the State of California, County of Sacramento.

 

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Updated June 11th, 2012

 

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