Kaiser Stiffed Financial Counselor for Overtime, She Says
7-28-2018 00:10:00

ATLANTA, Ga. (CN) – Kaiser did not pay a financial counselor for overtime even though she regularly worked more than 40 hours a week, according to her lawsuit.

Evette Person sues Kaiser Foundation Health Plan of Georgia, Inc. in the U.S. District Court for the Northern Division of Georgia, Atlanta Division, for violations of the Fair Labor Standards Act.

Person says her position was salaried but she was not exempt from the Fair Labor Standards Act regulations regarding overtime. She worked for Kaiser from August 2013 to October 2017, and for the last three of those years she “worked more than 40 hours every week, including many weeks where she worked 50-60 hours in a week,” the suit states.

Person worked after office hours in the evenings and on the weekends on her company provided laptop to accommodate her work load, and every third week she was required to be on call on Friday from 4 p.m. to 9 p.m. and from 10 a.m. to 6 p.m. on Saturday and Sunday. 

Person says her job, mainly processing medical financial assistance forms for plan members, did not involve supervisory or management level duties, and she was not involved in business operations or making significant business decisions.

According to the suit, Person qualifies under the Fair Labor Standards Act provisions for engaging in interstate commerce because she “utilized telephone, facsimile machine, the U.S. mail, or a computer email system to communicate with persons in another state and/or utilized the materials that are transported through interstate commerce prior to and/or subsequent to plaintiff’s work with same.”

In addition, Kaiser did not keep accurate time records, and “routinely expected plaintiff to work long hours every week,” the suit states. “Defendant knew that this would be a violation of the Fair Labor Standards Act,” and knew she did not qualify for an exemption under the act, according to the suit.

Person seeks past due wages, liquidated damages, legal costs and interest. 

The plaintiff is represented by Douglas R. Kertscher of Hill, Kertscher & Wharton, LLP in Atlanta, Georgia.