Kaiser Uses Illegal Rounding to Short Pay, Suit Claims
6-14-2019 23:59:00

OAKLAND, Calif. (CN) – A former site support specialist employee who worked for Kaiser for 12 years says Kaiser uses an undisclosed time rounding method to deprive employees of pay for all hours worked, according to an action filed in Alameda County Superior Court.

Robert F. Fairley, individually and on behalf of himself and others similarly aggrieved and situated, sued Kaiser Foundation Hospitals in a class action for wage and hour violations under the California Labor Code for not paying all regular, minimum and overtimes wages due to defendant’s rounding of time entries, for inaccurate wage statements, for not timely paying all that is due at separation and for unfair competition. Fairley also sued the Kaiser defendant in a representative action under the California Private Attorneys General Act to recover civil penalties and attorney’s fees and costs.

Fairley says defendant Kaiser did not pay him and other hourly non-exempt employees all wages they were owed due to Kaiser’s unlawful policy of rounding time entries for its own benefit at the expense of its employees, according to the action.

Kaiser has strict rules for punctuality and tardiness, yet it does not provide enough phones, the mechanism used for clocking in and out, such that employees must stand in line for several minutes to clock in, the suit states. Employees are not paid for the time waiting, it says.

Employees were not told of the rounding policy, and defendants did not stop employees from working before or after a shift, Fairley says. “Employees began working after clocking in per defendant’s instructions and policies,” the action alleges.

Due to the illegal rounding practice, employees were not provided with accurate wage statements, and were not paid for all hours worked or for all overtime. Consequently, employees also were not paid all that was due at separation, the complaint claims.

Fairley seeks compensatory, liquidated and statutory damages, restitution, civil penalties, interest, legal costs and injunctive relief.

He is represented by Michael D. Singer and Kristina De La Rosa of Cohelan Khoury & Singer in San Diego, California, and Sahag Majarian of the Law Offices of Sahag Majarian II in Tarzana, California.