Katerina Jones and Bailey Kilmer have filed a significant lawsuit against their employer, accusing the company of numerous labor law violations. The complaint was lodged on October 7, 2024, in the Superior Court of California, County of Santa Clara, targeting KBI Services, Inc., Fahimeh Sasan, D.O., P.C., and unnamed defendants. This legal action is brought under the Private Attorney General Act (PAGA) on behalf of themselves and other aggrieved employees.
The plaintiffs allege that their employers engaged in widespread violations of California's labor laws. These include failing to pay minimum and overtime wages accurately, not providing legally mandated meal and rest breaks, and failing to reimburse business expenses. According to the complaint, both Jones and Kilmer were classified as non-exempt employees but were subjected to practices that deprived them of rightful compensation. "Defendant requires Plaintiffs to work while clocked out during what is supposed to be Plaintiffs’ off-duty meal break," states the lawsuit. Furthermore, it accuses the defendants of rounding time records to benefit the company financially at the expense of its workers.
Jones has been employed by KBI Services since November 2023, while Kilmer joined in February 2024. Both plaintiffs assert that they were consistently denied accurate wage statements reflecting all hours worked and correct pay rates. They claim this resulted in a loss of wages due for missed breaks and off-the-clock work required by their employer. The suit also highlights issues with sick pay calculations and reimbursement for business expenses like personal phone use required for job duties.
The lawsuit seeks civil penalties under PAGA for these alleged violations without pursuing individual damages beyond what is permitted by law for such representative actions. Specifically, they request recovery of civil penalties prescribed by California Labor Code sections cited within their complaint. Additionally, they seek attorneys' fees and costs associated with bringing this action forward.
Representing Jones and Kilmer are attorneys from Blumenthal Nordrehaug Bhowmik De Blouw LLP: Norman B. Blumenthal, Kyle R. Nordrehaug, Nicholas J. De Blouw among others who specialize in employment law cases across California courts including Santa Clara where Judge C Roman will oversee proceedings under Case ID 24CV449120.