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Employment Law
FLSA
Restitution and Equitable Relief

Yvette Smith, Tim Dodson, Molla Enger, as individuals, on behalf of themselves and on behalf of all persons similarly situated v. Kaiser Foundation Hospitals Inc. dba Kaiser Permanente Information Technology, a California corporation; Kaiser Foundation Health Plan Inc., a California corporation, and Does 1 to 10

Published: Dec. 11, 2010 | Result Date: Nov. 5, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 3:2008-cv-02353 LAB Settlement –  $2,910,000

Court

USDC Central


Attorneys

Plaintiff

Norman B. Blumenthal
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)

Walter L. Haines
(United Employees Law Group PC)

Kyle R. Nordrehaug
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)


Defendant

Lorraine H. O'Hara

Mariana L. Aguilar

Thomas R. Kaufman
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Approximately 500 employees of Kaiser Foundation Hospitals, who worked as business application coordinators and analysts, filed suit against Kaiser, claiming that Kaiser had improperly classified them as exempt under California law and the Fair Labor Standards Act.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendant had misclassified them as exempt, and had denied them overtime when they worked during meal periods and over 40 hours in a week.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiffs received correct classifications, and qualified for the administrative exemption in that they allegedly worked within general business operations.

Damages

Plaintiffs sought $6.46 million.

Result

The parties agreed to a settlement amounting to $2.91 million.


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