Aspen Surgery Center Faces California Class Action Lawsuit
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The Aspen Surgery Center in Walnut Creek, California faces a class action lawsuit alleging the facility violated California Labor Codes.
The Case: Kristina Murdock, Noel Hudson, and Alexandra Soto v. Aspen Surgery Center LLC and Surgery Partners Inc.
The Court: Contra Costa County Superior Court
The Case No.: C21-02047
The Plaintiff: Murdock, Hudson, and Soto v. Aspen Surgery Center LLC and Surgery Partners Inc.
The plaintiffs, Kristina Murdock, Noel Hudson, and Alexandra Soto, filed a class action lawsuit against Aspen Surgery Center LLC on October 1, 2021 in Contra Costa California Court. The plaintiffs filed suit on behalf of themselves and all other similarly situated current and former employees alleging that the Walnut Creek, California facility violated California labor codes. Murdock was employed by the Defendant from December 2015 to April 2020. Hudson was employed by the Defendant from April 2016 to August 2020. Soto has been employed by the Defendant since September 2017 and is currently still employed. The company classified all three workers as non-exempt employees, paid them on an hourly basis, which means they were entitled to the legally required meal and rest periods, minimum wage, and overtime wages required by state and federal law.
The Defendant: Murdock, Hudson, and Soto v. Aspen Surgery Center LLC and Surgery Partners Inc.
Aspen Surgery Center LLC and Surgery Partners Inc. are listed as joint employers holding joint responsibility for any California labor code violations. According to court documents, the Defendant provides surgical care in the state of California.
The Case: Murdock, Hudson, and Soto v. Aspen Surgery Center LLC and Surgery Partners Inc.
The lawsuit against Aspen Surgery Center LLC and Surgery Partners Inc. (joint employers in the case) is currently pending in the Contra Costa County Superior Court. According to the lawsuit, the Defendant failed to pay minimum wages, overtime wages, provide legally required meal and rest breaks, failed to provide accurate itemized wage statements, failed to reimburse for required business expenses (employees were allegedly required to use their personal cell phones and personal vehicles to fulfill job duties without reimbursement), and failed to provide wages when they were due. These allegations all constitute labor code violations. (Violation fall under the applicable Labor Code sections listed in California Labor Code Sections §§ 201, 202, 203, 226, 226.7, 510, 512, 1194, 1197, 1197.1, 2802, and the applicable Wage Order(s), and alleged violations could give rise to civil penalties).
If you have questions about California employment law or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
