Renal Advantage Sued in Employee Misclassification Lawsuit
September 6, 2011
In a recent Orange County, California employment lawyers blog, our attorneys discussed the important issue of employee misclassification--a workplace issue that continues to affect employees in businesses across the country, as improperly classifying an employee can lead to violations of state and federal labor laws.
In related California class action lawsuit news, Renal Advantage, a company that offers renal dialysis centers across the country, is being sued by a class of California dietitians who claim that they have experienced employee misclassification, by having their wage and hour rights violated under the California Labor Code.
According to the lawsuit, Renal Advantage is being accused of violating California overtime laws by intentionally misclassifying the employees as "exempt" from the overtime requirements in order to get out of paying them overtime compensation for the overtime hours that they worked.
The employees claim that they were misclassified as "exempt" from receiving overtime payment, as according to California law, they never acted as professionals or executives with specific and advanced knowledge in the area of traditional medicine. The dietitians claim that they are "non-exempt" employees, and have the right to receive overtime compensation for any hours worked over eight hours in a day and forty hours in a workweek.
The class action lawsuit also alleges that Renal Advantage violated the California Labor Code by failing to provide complete wage statements to the employees--instead only providing statements that did not show the number of hours worked. Under California law, employees are required to receive itemized wage statements that clearly show all wages with the corresponding hourly rate for all hours worked in every pay period.
As our Newport Beach employment attorneys reported previously in a blog, employers often knowingly engage in employee misclassification, in order to reduce the cost of workers' compensation insurance, and to get out of paying overtime compensation, social security benefits, unemployment or disability insurance, payroll taxes, along with other wage and hour benefits.
If employees have been incorrectly classified as "exempt" from receiving overtime benefits that are normally available to "non-exempt" employees, they may be entitled to overtime payment and back wages. Contact our Orange County, California employment attorneys today, at Howard Law P.C., for a free consultation about your California labor and employment rights.
Dietitians Hit Renal Advantage With a Class Action Lawsuit, SF Gate, August 17, 2011
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