In recent news, a phlebotomist filed a California lawsuit alleging El Centro Regional Medical Center engaged in numerous employment law violations.

The Case: Abdelmuti v. El Centro Reg'l Med. Ctr.

The Court: California Court of Appeals, Fourth District, First Division

The Case No.: 04-24-2024

The Plaintiff: Abdelmuti v. El Centro Reg'l Med. Center

The plaintiff in the case, Falestine Abdelmuti, was employed as an hourly, nonexempt phlebotomist from approximately June 2020 through April 2021, working at the defendant's El Centro location. She alleges she was not paid for hours the Center failed to record due to a standard "rounding" timekeeping system and that she was also not paid for the time she spent traveling to complete mandatory physical examinations and testing. Furthermore, Abdelmuti alleges the Center failed to pay her for work duties she performed off the clock before and after scheduled shifts.

The Defendant: Abdelmuti v. El Centro Reg'l Med. Center

The defendant in the case, El Centro Reg'l Med. Center (Center) is a municipal hospital established by the City of El Centro and governed by a board of trustees, a public agency. Alleged employment law violations include:

Minimum wage law violations
Overtime pay violations
Meal and rest break violations
Necessary expense reimbursement violations
Other wage and hour-related violations

The Case in Superior Court: Abdelmuti v. El Centro Reg'l Med. Center

The Superior Court ruled the plaintiff's first cause of action filed because it asserted only a claim of unpaid wages, not a failure to pay minimum wages, and that Abdelmuti could not maintain a PAGA claim for penalties because applicable Labor Code provisions did not apply to the defendant, a public entity employer.

The Case on Appeal: Abdelmuti v. El Centro Reg'l Med. Center

The plaintiff in the case, Falestine Abdelmuti, filed an appeal from the Superior Court's order, contending the trial court erred by its ruling. She argued that her complaint properly pleaded the claims regardless of the Center's status as a public entity employer. The appeals court agreed, concluding that Abdelmuti's complaint adequately stated the two causes of action. The appellate court also concluded that since Section 1197.1 specifically imposes specified civil penalties on "[a]ny employer . . . who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission ...." and Abdelmuti pleaded a PAGA claim for the Center's alleged minimum wage law violations, sections 1194 and 1197.1 provide for civil penalties. On appeal, the Superior Court's judgment was reversed and remanded with directions.

If you have questions about filing a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Skilled employment law attorneys can assist you at various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.