Class Action Challenges Kaiser’s Wage Statements
8-5-2019 14:20:00

STOCKTON, Calif. (CN) – Kaiser violates California labor law by not providing accurate, itemized wage statements, according to a class action and representative action under the California Private Attorneys General Act, filed in San Joaquin County Superior Court.

Rosa Maria Garcia, individually and on behalf of all others similarly situated, sued The Permanente Medical Group, Inc. for California Labor Code violations.

Garcia worked for Kaiser as a medical assistant, and was classified as a non-exempt hourly employee.

In her action, Garcia challenges the defendant’s “systemic illegal employment practices,” that are in violation of California labor law. The complaint charges Kaiser with intentional and “deliberate indifference and conscious disregard to the rights of all employees,” due to Kaiser’s policy of providing employees with inaccurate wage statements.

The suit states, “specifically, whenever overtime adjustment wages (which is an overtime wage payment) were paid, the corresponding wage statements did not identify the rates of pay and applicable number of hours worked,” which is reportedly in violation of California Labor Law Section 226(a).

“Plaintiff and class members were paid on an hourly basis. As such, the wage statements provided to them should have reflected all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate,” the action alleges.

Garcia seeks judicial approval of the class, of herself as representative of the class and approval of her attorneys as class counsel, in addition to applicable penalties and legal costs. 

She is represented by Larry W. Lee, Kristen Agnew and Nicholas Rosenthal of Diversity Law Group, P.C., in Los Angeles, California, and by William L. Marder of Polaris Law Group, in Hollister, California.