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Total Renal Care Overtime Pay in National Emergencies Class Action

Total Renal Care, Inc., the party being sued in this class action, is part of DaVita, Inc., which was formerly named Total Renal Care Holdings, Inc. The complaint for this class action refers to provisions in DaVita’s employee handbook to alleges that non-exempt employees should have been paid time and a half for their work for most of this year because of the Covid-19 national emergency declared on January 31, 2020.

DaVita has a network of around 2,753 outpatient dialysis facilities. According to the complaint, DaVita likes to portray its 77,000 employees as a single “village,” even putting DaVita’s trademark on employees’ checks.

DaVita puts out an employee handbook called “Teammate Policies.” At issue in this case is its “Disaster Relief Policy” for non-exempt employees.

The policy states that if non-exempt workers are prevented from working because a facility is closed due to a national emergency, or if it opens late or closes early for that reason, non-exempt workers will receive their normal pay for their normal scheduled hours.

The provision at issue is a third one: if a facility is open during the designated time frame, the complaint claims, “employees who work their regularly scheduled hours will be paid premium pay”¬—that is, time and a half.

A national emergency was declared in the US on January 31, 2020.

The plaintiff in this case, Joseph J. Hesketh, III, has worked for Total for more than thirteen years. He has worked his regular schedule since January 31 and has not been given premium pay during the months since then.

The complaint alleges, “Defendants did not pay [Hesketh] premium pay for the regularly-schedules hours he worked during the time of the state of emergency. Instead, DaVita attempted to later change the terms of the Teammate Policies handbook to now exclude the present emergency from those emergencies covered by the Disaster Relief Policy by a notice sent out in September[] 2020.”

The complaint contends that practices like the pay policy during emergencies “is a method of attracting and retaining employees whose knowledge and skills are valuable to the business profit model developed by DaVita. It is not altruism.”

Even if DaVita was permitted to change its policy, the complaint says, there would have been a period during which the current policy was still effective after the emergency declaration.

The Plaintiff Class for this action is all non-exempt employees of entities owned or controlled by DaVita who (1) were covered by the Teammates Policies handbook, (2) worked for the members of the Defendant Class on and after January 13, 2020 and (3) were not paid the premium pay of time and a half for hours after the declaration of the emergency.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Total Renal Care Overtime Pay in National Emergencies Complaint

November 23, 2020

Total Renal Care, Inc., the party being sued in this class action, is part of DaVita, Inc., which was formerly named Total Renal Care Holdings, Inc. The complaint for this class action refers to provisions in DaVita’s employee handbook to alleges that non-exempt employees should have been paid time and a half for their work for most of this year because of the Covid-19 national emergency declared on January 31, 2020.

Total Renal Care Overtime Pay in National Emergencies Complaint

Case Event History

Total Renal Care Overtime Pay in National Emergencies Complaint

November 23, 2020

Total Renal Care, Inc., the party being sued in this class action, is part of DaVita, Inc., which was formerly named Total Renal Care Holdings, Inc. The complaint for this class action refers to provisions in DaVita’s employee handbook to alleges that non-exempt employees should have been paid time and a half for their work for most of this year because of the Covid-19 national emergency declared on January 31, 2020.

Total Renal Care Overtime Pay in National Emergencies Complaint
Tags: Covid-19 Related, Overtime Not Paid at Overtime Rates