Labor

Dignity Health Faces Labor Law Violations Lawsuit Seeking Unpaid Wages and Penalties

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Dignity Health Faces Labor Law Violations Lawsuit Seeking Unpaid Wages and Penalties

Joe Carinci, a physical therapist employed by Dignity Health, is at the center of a significant labor dispute. Carinci, representing himself and a class of similarly situated employees, alleges that Dignity Health, a California corporation, and Mercy Hospital, among other unnamed defendants, have systematically violated California labor laws.


Carinci's allegations, as detailed in the complaint, paint a picture of a workforce routinely denied their rightful wages and benefits. The complaint alleges that Dignity Health failed to pay its physical therapists and other hospital employees straight and overtime wages for various off-the-clock work activities and other labor law violations.


The complaint reads, "Defendant Dignity Health failed to pay its physical therapist and other related hospital employees straight and overtime wages for various off-the-clock work activities," in direct violation of California Labor Code sections 1194 and 1198. These sections mandate that employers pay their employees for all hours worked and provide overtime pay for any work over eight hours in one workday.


The complaint further alleges that Dignity Health failed to provide timely and uninterrupted meal and rest periods to its California non-exempt employees. According to California Labor Code section 512, employers must provide a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours worked.


"Defendant failed to provide timely and uninterrupted meal and rest periods to its California non-exempt employees," the complaint reads. According to the complaint, this failure is not an isolated incident but a widespread practice affecting all hospitals and in-patient/out-patient units in California.


The complaint also alleges that Dignity Health failed to provide accurate itemized wage statements and maintain accurate payroll records in violation of California Labor Code sections 226 and 226.3. Among other obligations, these sections require employers to provide employees with an itemized statement of their wages.


Moreover, the complaint alleges that Dignity Health failed to pay all wages due upon termination, violating California Labor Code sections 201, 202, and 203. These sections mandate that all final wages, including accumulated vacation pay, be paid immediately upon termination or within 72 hours if the employee quits without giving 72 hours' notice.


The complaint seeks damages for unpaid overtime and wages, penalties, injunctive and other equitable relief, and reasonable attorneys' fees and costs. It also alleges that Dignity Health's conduct was willful and intentional.


"Defendant's conduct was willful and intentional," the complaint reads. If proven, this specific allegation could increase the amount of damages awarded if the case is successful.


Carinci's lawsuit is a stark reminder of businesses' legal, financial, and reputational risks if they do not adhere to labor laws. Trying to cut corners and save a few dollars regarding employees' pay can lead to a costly labor lawsuit.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    23CV007751
  • Filing Date:
    August 31, 2023
  • Jurisdiction:
    State of California
  • State:
    California
  • Court:
    Sacramento County Superior Court
  • Plaintiff:
    Joe Carinci
  • Defendant:
    Dignity Health; Mercy Hospital
  • Plaintiff Firm:
    Quintilone & Associates
  • Defendant Firm:
  • Claims Administrator:
Contributors
Kevin Salzman, Esq.
Kevin Salzman, Esq.
Reporter and Licensed Attorney
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