On July 12, 2018, San Diego law firm, Zakay Law Group, on behalf of a nurse, filed a class action lawsuit against Restore Rehabilitation. The lawsuit, filed jointly by Zakay Law Group, APC and Blumenthal, Nordrehaug, Bhowmik & De Blouw, LLP, claims various labor law violations.
The Complaint was filed in San Diego and proposes a class action against Restore Rehabilitation, LLC, a non-California company that conducts a lot of its business in California. Restore Rehabilitation provides a multitude of health-related services, including rehabilitation, case management, medical bill auditing, and social security disability representation.
In the Complaint, the lead plaintiff claims that she was a case manager for Restore Rehabilitation, where she was classified as exempt from overtime wages. The Complaint then alleges that Restore Rehabilitation violated California labor laws because she should have been classified as non-exempt. It alleges that to perform her job, she did not engage in the type of work that required her to exercise significant independent judgment or discretion. Therefore, the Complaint claims, she should have been classified as exempt, receiving overtime compensation and proper meal and rest breaks.
Plaintiff is not alone. The lawsuit was filed as a class action on behalf of all case managers employed by Restore Rehabilitation in the last 4 years. The Complaint alleges that Restore Rehabilitation’s mis-classification of the Plaintiff represents a company policy that is unfair and unlawful, in violation of California labor laws.
The Complaint seeks redress in the form of monetary and injunctive remedies. It asks the Court to issue an order compelling Restore Rehabilitation to comply with the California labor laws. It also seeks monetary compensation for the unpaid wages and overtime wages. It finally asks for monetary penalties for Restore Rehabilitation’s failure to provide its employees with proper meal and rest periods, and for its failure to provide its employees with complete and accurate wage statements.
If you or someone you know is a nurse working as a case manager in California, please contact our office for a free evaluation to insure you are being properly and legally classified.
To learn more about the legal action against Restore Rehabilitation, you can review the complaint by clicking here.