SAN FRANCISCO — A group of San Francisco nurses and hospital staff recently filed an unpaid overtime lawsuit against their employer, Sutter West Bay Hospitals.
The lawsuit was filed in San Mateo County Superior Court for the State of California and seeks class action status to allow all similarly-affected workers to join the suit and possibly recover back overtime pay.
Plaintiffs allege their employer violated California wage laws by improperly calculating salary used for overtime pay and not providing undisturbed meal breaks. The claim alleges that the defendant did so “systematically, unlawfully, and unilaterally.”
Employer Failed to Provide Unpaid Meal Breaks
Under California labor law, employees must be granted a 30-minute unpaid and uninterrupted meal break prior to their fifth hour of work on the job. The plaintiffs in this case allege their work schedules were so rigorous, they were expected to remain available to work during their lunch break and the hospital did not have a plan to comply with state laws.
By being forced to work or remain on call during lunch breaks, the plaintiffs claim they should be paid for this 30-minute period which was otherwise not accounted for on payroll hours. Plaintiffs claim the 30-minute meal period was automatically taken out by the defendant’s payroll system.
Bonuses not Accounted for in Overtime Wage Payments
The lawsuit further alleges part of the employees’ salaries came from performance-based bonuses which were not accounted for when calculating overtime. California wage and labor laws hold these non-discretionary bonuses need to be counted when calculating time and a half pay for overtime hours.
Plaintiffs hope to recoup their unpaid overtime wages, interest on back pay, attorney’s fees, damages of up to $100 per individual joining suit, and any other relief the court sees fit. Furthermore, the complaint seeks a court injunction barring the defendants from engaging in anymore illegal overtime withholdings in the future.
California has some of the most robust labor and wage laws in the country, which are important tools for plaintiffs to fight for their hard earned money. While an exact dollar figure was not named in the suit, any award or settlement could be significant given enough plaintiffs join suit.
California Overtime Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.