Tuesday, February 28, 2012

Kaiser Sued For Failing To Pay Case Managers For Overtime

Sometimes I wonder if Kaiser Permanente has become so corrupt that honesty has ceased to be an option for Kaiser executives and administrators.

Kaiser Sued For Failing To Pay Case Managers For Overtime
Feb 28th, 2012
By Anneline Waldman

A class action has been brought against Kaiser Foundation Health Plan, Inc., on behalf of all persons employed as “Senior Case Managers” in the State of California during the period that commences four years prior to the filing date of the complaint.

More specifically, the class includes “senior case managers” (Class A), “case managers” (Class B) and “Case Coordinators” (Class C) who are and were required to work without compensation, and to work over eight hours per day and/or forty hours per week without straight or overtime compensation, and to work without taking meal and/or rest break periods as required by law.

Plaintiffs Darryl Hold, Corissa Tittle-Bartolero and Ruby Haney brought this action on behalf all three which consists of current and former employees of Kaiser in the State of California who hold or held non-exempt positions as “Senior Case Managers”, “Case Managers” or “Case Coordinators” within four years prior to the filing of this complaint.

As stated in the complaint, Kaiser failed to pay the plaintiffs and the other members of Class A, Class B, and Class C 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 the maximum hours permissible by law, as required by the California Labor Code.

According to the complaint, reported by Courthouse News, the plaintiffs logged into and out of Kaiser’s timekeeping system each workday. However, 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 under Kaiser’s control in order to complete their work. They were also forced to work more than their scheduled number of hours, because they were delayed in completing their work pending approvals from upper level management.

Due to the work load and mandatory delays, plaintiffs regularly begun work before they logged in and/or regularly continued working after they had logged out. They also regularly had their time adjusted down by Kaiser. Thus, they were required to work “off the clock” to complete their job duties...

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