A class action lawsuit has accused the San Francisco AIDS Foundation, a nonprofit operating "sexual health" clinics, of shorting worker pay, illegal worker timekeeping practices and other alleged violations of California labor law.
The foundation lacked an accurate timekeeping system and instead used "an unlawful rounding policy and practice" that resulted in workers being underpaid for time worked, the suit states.
The foundation failed to give employees meal breaks and rest periods, alleges the suit, which was filed in San Francisco Superior Court.
"When they were provided with meal periods, plantiff and and other California class members were, from time to time, required to remain on premises, on
duty and on call," the lawsuit alleges.
The Foundation's alleged failure to provide workers with meal breaks is "evidenced by defendants business records," rhe suit says.
The Foundation allegedly also failed to provide "accurate itemized wage
statements showing, among other things, all applicable hourly rates in effect during the pay periods and the corresponding amount of time worked at each hourly rate," the plaintiffs allege.
Those practices and policies "are intended to purposefully avoid the accurate and full payment for all time worked as required by California law which allows defendants to illegally profit and gain an unfair advantage over competitors who comply with the law," the suit states.
The Goundation also allegedly failed to reimburse employees for business expenses, the suit states.
Workers allegedly were required to use their own cells phones and vehicles for work, but were not reimbursed, the lawsuit says.
The lawsuit seeks back wages and funds from the Foundation's alleged "ill-gotten gains" placed into a restitution fund for employees. It asks for up to $4,000 in compensation for each class member, plus attorney fees and court costs.
The plaintiffs are represented by attorney Shani O. Zakay, of Zakay Law Group APLC.
Ellenberg-Wiley v. San Francisco AIDS Foundation, San Francisco Superior Court, CGC-23-609040