below is the first part of an article by Malaika Fraley from contracostatimes.com. It reads…
OAKLAND — A class-action lawsuit filed Wednesday against a leading nationwide health care services company alleges caregivers tending to the elderly, ill and disabled in the Bay Area and throughout the state are being denied overtime and breaks in violation of California labor laws.
The lawsuit against the Kentucky-based Kindred Healthcare and its subsidiaries — Professional Healthcare at Home and NP Plus — alleges that employee caregivers contracted out to assisted living and rehabilitation facilities to provide nonmedical care are working 12- to 24-hour shifts without receiving overtime or breaks for meals and rest. The workers deployed to private residences are receiving a flat-pay wage that breaks down to below minimum wage, the lawsuit alleges.
The lead plaintiffs, Emma Delores Hawkins, of San Pablo, and Ginger Rogers, of Sacramento, are both veteran caregivers who work 12-hour shifts five to seven days a week in private residences and facilities in Alameda County.
“You might get a chance to go to the bathroom, but getting fresh air or taking a break — it’s not happening. Not a lunch break, not a 15-minute break, nothing,” Rogers said. “It’s been going on for quite some time. Unfortunately, a lot of people have not been speaking up. I decided to speak up. I’m going for some change in the health care profession.”