California Federal Judge Opens Door For Lincare, Inc. Employees to Seek Unpaid Wages In Lawsuit Filed By The Riverside Labor Lawyers At Blumenthal, Nordrehaug & Bhowmik

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The Honorable Judge Morrsion England certified a class of Alpha Respiratory, Inc. and Lincare, Inc. hourly employees allowing these employees to assert claims for payment of back overtime wages and missed meal break premiums

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proof includes, however, pay records, Defendants' on-call policy, and representative employee declarations describing on-call job duties. Accordingly, the Court finds Plaintiff has established that there are questions of law and fact common to the classes

On August 10, 2016, the Honorable Judge Morrison England ruled a lawsuit brought on behalf of non-exempt hourly employees working in California working for Alpha Respiratory, Inc. and Lincare, Inc. should be able to proceed as a class action. This means that all non-exempt employees who worked for these companies in California since October 21, 2010 can now seek back overtime wages and premiums for missed meal breaks. Case No. 15-CV-00081-MCE is currently pending in the United States District Court for the Eastern District of California. A copy of the Judge's Order granting class certification can be read by clicking here.

The class action lawsuit was originally filed by the Riverside Labor Law Lawyers at Blumenthal, Nordrehaug & Bhowmik in October of 2014, alleging that the healthcare service companies failed to pay their California hourly employees overtime wages, failed to provide the legally mandated meal and rest breaks, and accurate wage statements as required by California law. In the original Complaint, which can be read here, Plaintiff claimed that the companies failed to include non-discretionary incentive pay into her overtime calculations and also allegedly failed to pay her meal break premiums when she was not provided a thirty minute meal break prior to her fifth hour of work as required by California Labor Code sections 226.7 and 512.

The Court stated in its order which can be read by clicking the link above "proof includes, however, pay records, Defendants' on-call policy, and representative employee declarations describing on-call job duties. Accordingly, the Court finds Plaintiff has established that there are questions of law and fact common to the classes."

In the coming months, all individuals who part of the class will be notified of their rights. If you work in California and are not being paid overtime wages by your employer call an experienced labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (800) 568-8020.

The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work,wrongful termination, discrimination and other California and Illinois labor laws.

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Nicholas De Blouw
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