What Do the Strike Nurses Argue?
The nurses were under contract through USN from Sept. 28 to Oct. 6, 2023, and worked across Kaiser Permanente sites during a strike. They allege that USN “failed to pay final wages at the time of Plaintiffs’ October 6, 2023, discharge.” Court documents state one plaintiff didn’t receive orientation payment until Jan. 15, 2024, and another didn’t receive payment until April 2024.
The nurses also allege that USN did not compensate them for “time spent completing mandatory orientation, induction, and training modules, including overtime,” filings stated.
“Plaintiffs worked over eight hours per day and over 40 hours during the week of the strike assignment,” court documents state. “Before working their strike shifts from October 4-6, 2023, Plaintiffs spent at least three days and over eight hours per day completing orientation, induction, and training modules. USN paid Plaintiffs for up to 24.5 hours of orientation, induction, and training modules even though Plaintiffs spent up to 30 hours or more completing orientation, induction, and modules.”
Other allegations included that USN:
- Excluded plaintiffs’ guaranteed compensation, daily per diem, non-discretionary bonus payments “from the ‘regular rate’ calculation for purposes of computing overtime pay”;
- Owed “premium pay” for missed meal periods.
USN has yet to release a statement in response to the lawsuit and did not respond to requests from Law360. It has, however, been named in at least two other lawsuits related to wages and compensation.
