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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

Related Web Resources:

The Department of Fair Employment and Housing (DFEH)

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

Department of Labor (DOL): Wage and Hour Division (WHD)

Related Blog Posts:

T. J. Maxx Retail Chain Sued For Employee Misclassification, California Employment Lawyers Blog, August 25, 2011

Employee Misclassification Leads to Nearly $1M in Back Pay for 30 Restaurant Workers, California Employment Lawyers Blog, August 24, 2011

CA Wage and Hour Lawsuit Settlement--66 Japanese Employees to Receive $145K in Overtime Back Wages, California Employment Lawyers Blog, August 22, 2011

DOL Forces Texas Company to Pay $433K in Back Wages For Employee Misclassification , California Employment Lawyers Blog, August 5, 2011

AT&T Sued for Employment Misclassification by At-Home Call Center Employees, California Employment Lawyers Blog, August 1, 2011

CA Drug Sales Reps Sue Novo Nordisk in Class Action Wage and Hour Lawsuit, California Employment Lawyers Blog, July 28, 2011

Aon Corp. Settles Employee Misclassification Lawsuit for $10.5M , California Employment Lawyers Blog, July 8, 2011

Court Awards Over $200K to Security Guards in Employment Misclassification Lawsuit Resolution, California Employment Lawyers Blog, June 14, 2011

"White Collar" Exemptions under the FLSA, California Employment Lawyers Blog, November 12, 2010

New Study Reveals More Abuse of Low-wage Workers in Los Angeles, California Employment Lawyers Blog, January 11, 2010