Kaiser Owes for Off-the-Clock Work, Class Claims
SAN BERNARDINO, Calif. (CN) – Kaiser made employees go through an elaborate changing procedure before they could clock in, a class claims in San Bernardino County Superior Court.
Lead plaintiff Yadira Rodriguez sued Kaiser Foundation Hospitals, on behalf of herself and others similarly situated, sued for failure to pay minimum wages, failure to pay wages and overtime, rest break liability, meal period liability, other labor code violations and business and professions code violations.
The proposed class includes non-exempt support employees who worked at Kaiser’s Ontario facility or other facilities in California at any time during the four years prior to the filing of the July 16 lawsuit. Their work involved wearing sterile scrubs during the work day, according to the complaint.
“But before plaintiff and the class members could clock in and proceed to their work stations, they first had to change into sterile clothes by donning scrubs. This entire donning process involved multiple steps performed under defendant’s control but while employees were off the clock. For example, before clocking in for the day, the employee class members were required to take the elevator up to the third floor and walk down the hallway and swipe their work issued badge at the sterile scrubs vending machine before they could proceed down the hall to the locker room and don the sterile scrubs. Only after changing into sterile scrubs and storing their personal clothes and select belongings could plaintiff and the class members finally clock in using the time clock system in the locker room,” the complaint states.
Rodriguez contends the class members were also not able to take uninterrupted, duty free meal and rest periods, resulting in a systematic underreporting of their work hours.
Yadira Rodriguez seeks class certification, general, compensatory, liquidated, special and incidental damages, statutory penalties, restitution of all amounts unlawfully withheld, disgorgement of profits, injunctive relief, pre- and post-judgment interest, costs of suit, attorneys’ fees and a jury trial. Rodriguez and the proposed class are represented by David Yeremian and Jason Rothman of David Yeremian & Associates in Glendale.