It appears as if the basic payment of overtime wages by Seasons Hospice and Palliative Care of California, Inc. to its non-exempt employees does not appear to be in dispute. The issue with the overtime pay is non-discretionary bonus wages paid to employees based on work performance. It is alleged that such bonus pay amounts were not included in the employee’s hourly rate when overtime pay was calculated for additional hours worked as mandated by overtime laws.
Because this bonus pay was left out of the calculations, the employees received a lessor amount of overtime pay than was their due, or so it is alleged.
A companion issue to the unpaid overtime alleged in the lawsuit is the lack of appropriate meal breaks as mandated under California employment law. Meal breaks are to be 30 minutes and taken in an uninterrupted fashion after the fifth hour of work. It is alleged the defendant did not have a policy or provision in place to provide a full off-duty, uninterrupted meal break according to the employment laws observed by the state.
Missed rest periods and meal breaks while an employee continued to work and respond to the needs of patients and the rigors of the job, would translate to additional time spent working.
It is not known what specific penalties and damages the plaintiffs are seeking in their overtime pay lawsuit.
READ MORE CALIFORNIA OVERTIME LEGAL NEWS
The unpaid overtime California class action was filed August 10 in the Superior Court of the State of California, in and for the County of Los Angeles. The case is Rena Sutton, Marybell Masferrer-Hoyd, and Irena Pawlak v. Seasons Hospice and Palliative Care of California, Inc., Case No. BC590870.