A lawsuit has been filed against two companies accused of violating labor laws by failing to pay proper wages and overtime. On November 26, 2024, Charell D. Clemons filed a complaint in the Superior Court of California, County of Santa Clara, against InGenesis, Inc., Bay Area Community Health, and other unnamed defendants.
Charell D. Clemons, acting on behalf of herself and other aggrieved employees, claims that the defendants violated several sections of the California Labor Code under the Private Attorneys General Act (PAGA). The lawsuit alleges that during her employment from March 4, 2022, to August 19, 2024, Clemons and other hourly non-exempt employees were not paid for all hours worked at minimum wage or overtime rates. The complaint states that these employees were also not provided with complete and accurate wage statements and were not paid all due wages upon termination or resignation.
The lawsuit details specific violations such as failure to compensate for time spent in mandatory meetings which resulted in shortened lunch breaks without proper compensation. Clemons argues that this practice led to unpaid work hours that should have been compensated at either regular or overtime rates according to Labor Code sections 1194 and 1197. Additionally, the defendants are accused of failing to provide timely payment of earned wages during employment periods as required by Labor Code section 204.
Clemons seeks civil penalties on behalf of herself and other affected employees for these alleged violations. The penalties sought include $100 for each initial violation per employee per pay period and $200 for subsequent violations. For some infractions like failure to provide accurate wage statements or pay overtime wages correctly, higher penalties are requested based on specific provisions within the Labor Code.
The plaintiff is represented by attorneys Joseph Lavi, Vincent C. Granberry, Jeffrey M. Schwartz, and Alexander J. Aroeste from Lavi & Ebrahimian LLP. They are requesting reasonable attorneys' fees and costs associated with pursuing these claims as allowed under Labor Code section 2699(g). The case is being heard by Judge Y. Chavez under Case No.: 24CV452827.